In this issue:

1. INVESTOR VISAS: AN OVERVIEW – This article provides an overview of investor visas in several countries.

2. CANADA – This article discusses new pilot projects and other efforts to allow in professionals; programs reopened for certain entrepreneurs and self-employed persons; updated immigration targets in Québec and Canada; and designated learning institutions reopening to international students.

3. COLOMBIA – This article discusses the resumption of some immigration processing and requirements for complying with safety protocols during the COVID-19 pandemic.

4. FRANCE – This article provides updates on what the Brexit transition means for British nationals residing in France.

5. ITALY – This article provides highlights of a new immigration decree, the numbers of foreign workers allowed in Italy for 2020, and new rules for travelers to Italy.

6. RUSSIA – This article provides information about required measles vaccinations for all foreign employees, entry points and other information for unified e-visa holders, and new notification forms being implemented for the employment of foreign workers.

7. UNITED KINGDOM – This article provides an update on the United Kingdom immigration scheme, the worker permit scheme, new Skilled Worker category rules, the new frontier worker visa, how the tech sector can make the most of the UK’s new immigration rules, and a review by the Migration Advisory Committee on Intra-Company Transfers.

8. New Publications and Items of Interest – New Publications and Items of Interest

9. ABIL Member / Firm News – ABIL Member / Firm News

Download:

ABIL Global Immigration Update – December 2020

1. INVESTOR VISAS: AN OVERVIEW

This article provides an overview of investor visas in several countries.

Canada

There remains only one passive (i.e., not at risk) investor program in Canada, and it is being piloted by the Province of Québec. As a pathway leading to permanent residence in Québec, it requires a net worth of at least CAD $2 million; a five-year, non-interest-bearing deposit of CAD 1.2 million; and two years of recent management experience. This program traditionally opens every year to a very small quota of spots, and is currently suspended until March 31, 2021.

There are more immigration opportunities for active investors who choose to start, invest in, or acquire a business in Canada. The federal Start-Up Visa program, for example, targets business founders supported by certain business incubators, angel investors, and venture capital funds. Certain provinces also offer entrepreneur streams. New Brunswick, for example, designed a program for experienced business owners and senior managers who wish to become permanent residents by owning a business and managing it while residing in Québec. Ontario hopes to attract entrepreneurs from outside of Canada interested in starting a new business or buying an existing business in Ontario. In British Columbia, experienced entrepreneurs who can support innovation and economic growth in the province can apply for the local provincial nominee program. Also noteworthy is the International Graduate Entrepreneur Immigration Stream, which allows Alberta to nominate qualified international graduates from local post-secondary institutions who want to establish or operate a business in Alberta to apply for permanent residence.

Italy

The Investor Visa for Italy program is an option for investors seeking to enter Italy to engage in capital investments that benefit the Italian economy. The following types of investment/donation qualify for this program: €2,000,000 in Italian government bonds (at least two years’ validity); €500,000 in a company based and operating in Italy ( €250,000 in case of an innovative start-up company); or a €1,000,000 donation supporting projects of public interest in the fields of culture, education, immigration, scientific research, recovery of cultural assets, or landscapes. The application can also be filed using a company controlled by the applicant.

The application for the clearance that is necessary to apply for the visa is filed through a dedicated website, https://investorvisa.mise.gov.it/. Once the clearance is issued, the applicant must apply for an investor visa valid for two years, travel to Italy to apply for the relevant residence permit, and make the required investment/donation within three months of entry. The investor visa holder will receive an investors’ residence permit (permesso di soggiorno “per investitori”) valid for two years and renewable for an additional three years to prove that the investment is still in place. Investor permit holders are exempt from the residence requirement.

For more information, see https://www.mazzeschi.it/guidelines-for-new-investors-visa/

Turkey

Currently Turkey has no functioning investment residency program, although the country does have a popular investment citizenship program. Turkey passed a law and regulations in 2017 for a new permanent residence program, the “Turquoise Card Program,” in which investment was one of the qualifying categories. Unfortunately, the ministry charged with implementing the Turquoise Card program has not yet created an application form or procedure for this program.

This contrasts with Turkey’s Investment Citizenship Program, for which the Interior Ministry in 2018 lowered the qualifying investment levels and created a special department. This department actively pursues expediting these applications, which take a far shorter period to adjudicate than standard citizenship cases.

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2. CANADA

This article discusses new pilot projects and other efforts to allow in professionals; programs reopened for certain entrepreneurs and self-employed persons; updated immigration targets in Québec and Canada; and designated learning institutions reopening to international students.

More Québec Selection Certificates (CSQs) for IT, AI, VFX professionals; Food Processing; Entrepreneurs; Self-Employed Persons; Caretakers

Immigration Québec announced on October 28, 2020, a set of three new pilot projects intended to allow professionals in certain industries to apply for a Québec Selection Certificate (CSQ)—unfortunately, with extremely small annual quotas. It appears that these pilot projects will be administered through the ARRIMA pool of applicants. Overall, the pilot projects have multiple and extremely specific eligibility criteria. While they are interesting especially for non-francophone employees, French speakers should evaluate if it may be less burdensome to apply through the existing PEQ program. Immigration Québec has not announced the processing delay target for these pilot projects.

The pilot projects, which will come into effect in early 2021 and will be valid through 2025, include (1a) Professionals in the Artificial Intelligence Industry, (1b) Professionals in the Information Technology and Visual Effects Industries, (2) Workers in the Food Processing Industry, and (3) Patient Service Associates.

In addition, the CSQ program for certain entrepreneurs and self-employed persons was reopened, with an even smaller quota.

Updated Immigration Targets in Québec

On October 29, 2020, the Québec government released its immigration targets for 2021. As the target for 2020 has not been reached (30,500 immigrants are expected instead of 44,500 projected), 7,000 spots will be carried over to 2021. The plan for 2021 is to welcome between 44,500 and 47,500 immigrants to Québec. Approximately 20,000 will be reserved for CSQs in the skilled worker class (ARRIMA, PEQ, Pilot Projects).

The targets for 2021 include currently pending applications with the Québec and federal authorities. In light of the important inventory of backlogged permanent residence cases pending since 2019, an improvement in processing delays is not expected for Québec -bound permanent residence applicants. Some practitioners recommend applying for the CSQ or permanent residence as soon as one is eligible, to minimize the number of work permit renewals required until permanent residence is granted.

Update: Immigration Targets for Canada

The federal government recently released its three-year plan for immigration levels, with the highest targets in Canadian history:

• 2021—401,000 immigrants
• 2022—411,000 immigrants
• 2023—421,000 immigrants

These are the highest recorded numbers in more than a century. The last time Canada aimed at more than 400,000 immigrants was in 1913.

COVID-19: Designated Learning Institutions Reopening to International Students

As of October 20, 2020, some designated learning institutions (DLIs) are now able to reopen to international students who are not currently in Canada and who:

• Have, or have been approved for, a study permit
• Are traveling to Canada for a non-discretionary or non-optional purpose

To be able to reopen to international students who are not currently in Canada, DLIs must have a COVID-19 readiness plan approved by their province or territory that meets certain requirements, including a mandatory 14-day quarantine period for international students and other elements. Students should contact their schools directly with any questions about the schools’ readiness plans.

For more information, see https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/students/approved-dli.html

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3. COLOMBIA

This article discusses the resumption of some immigration processing and requirements for complying with safety protocols during the COVID-19 pandemic.

After a six-month wait, measures have been announced to resume air border traffic and migration processes. On September 19, 2020, the first phase of international commercial flights between Colombia and the United States began. Gradually flights to and from more countries have been added, including Mexico, Brazil, Ecuador, the Dominican Republic, Guatemala, and Bolivia. Humanitarian flights, as well as charters authorized by the government, continue to be scheduled and to transport travelers to and from Colombia.

With the gradual reopening of international air traffic, several measures were established to achieve better control and comply with biosafety protocols. Persons entering the country must:

• Present a PCR test with negative result for COVID-19 no more than 96 hours before the flight;
• Complete a Check-Mig form for entry and exit a maximum of 24 hours and minimum of 1 hour before the flight;
• Download the Coronapp application and create a profile to report the traveler’s health status, in addition to complying with the mandatory use of a mask, frequent handwashing, and social distancing

On September 21, 2020, Migración Colombia resumed its services in all offices in the country to process foreigners’ identity cards, visa registrations, certificates of migratory movement, safe conduct, Special Permits to Stay for the Promotion of Formalization, and Temporary Permits to Stay. Considering the circumstances in recent months, the government has granted a transition period from September 21 to December 15, 2020. The Ministry of Foreign Affairs still is not stamping visas, which is why the registration of visas and issuance of foreigner’s ID cards can be done with an electronic visa, i.e., despite not being stamped in the passport.

To initiate any of these processes, it is necessary to schedule an appointment, download the Coronapp application, and fill out the health declaration form. Some users claim that they have not been able to schedule appointments for some procedures in Bogotá, or that if they could, they were assigned for a later month. Such delays will most likely lead to an extended transition period because many users will probably not be able to complete processing within the established time periods.

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4. FRANCE

This article provides updates on what the Brexit transition means for British nationals residing in France.

On December 31, 2020, at midnight, the Brexit transition period will end. The United Kingdom (UK) will become a third country to the European Union (EU).

British nationals already residing in France can submit “Withdrawal Agreement” residence permit applications now. The request can be made on the internet. All British nationals already residing in France before December 31, 2020, are eligible to apply for a residence permit, in accordance with the provisions of the Brexit agreement signed between the UK and the EU. By June 30, 2021, all British nationals wishing to benefit from the provisions of the Brexit agreement to retain their rights to stay and work in France must have a French residence permit.

Applicants must upload documentation, including passport identity pages; proof establishing the date the applicant moved to France, such as a property certificate issued by a notary, a home insurance contract, a home insurance certificate or an employment contract; and documents relating to the specific situation of each applicant. For example, an employee must provide a copy of their most recent pay slip, while a student must provide proof of enrollment in a school or university. After completing these steps, the applicant will receive an application confirmation by email, with a reference number confirming the filing.

Once the file has been processed, an email will be sent to the candidate to make an appointment at the prefecture to finalize the file (fingerprinting, photo, and proof of payment of fees).

It is not yet clear how the applicant will receive the residence permit when it becomes available, whether by post to his or her home in France or by going to the Prefecture a second time.

Permit Types

Presence of less than five years

British nationals who have resided in France for less than five years as of December 31, 2020, must apply for a residence permit, depending on their status (e.g., student, employee, temporary worker, posted worker, self-employed professional, unemployed person, family member, long-term visitor). They will be issued a residence permit in accordance with the agreement bearing the specific category, such as “Withdrawal agreement—employee.”

Although the list of required documents is not yet available, applicants are advised to prepare:

• Passport or identity card
• Proof of address in France
• Identity photographs
• Proof of resources: employment contract, payslips, bank statements
• Proof of professional activity: work certificate signed by the employer confirming the date of the start of employment in France
• Proof of the purpose of the stay in France over the past five years (e.g., employment contract)

British nationals who have resided in France for less than five years as of December 31, 2020, can also apply for a resident card when they can prove that they have lived in France for five years. For example, a British national residing in France as of December 31, 2017, can apply for a resident card as of December 31, 2022.

Presence of five years or more

British nationals who have resided for five years or more in France as of December 31, 2020, are eligible to obtain a resident card valid for 10 years.

Although the list of required documents is not yet available, applicants are advised to prepare:

• Passport or identity card
• Proof of address in France
• Three identity photographs
• Proof of presence in France over the past five years: one document per half-year (e.g., rent receipts, energy bills)
• Proof of resources: employment contract, payslips, bank statements

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5. ITALY

This article provides highlights of a new immigration decree, the numbers of foreign workers allowed in Italy for 2020, and new rules for travelers to Italy.

New Immigration Decree

Immigration Decree no. 130/2020, effective October 22, 2020, provides for several changes to current immigration law and partly cancels or modifies provisions introduced in 2018 by the controversial “security and immigration decree,” also known as the Salvini decree.

The new decree provides for:

• Reforming the migrant reception system
• More favorable conditions when applying for humanitarian protection, special protection
• Possibility of asylum seekers to register as residents with the city council
• Possibility to convert some residence permits—including elective residence, pending citizenship application, calamity, special protection, and others—into residence permits allowing work
• Reduction of processing time for citizenship applications for naturalization and marriage from 48 months to 36 months (the term was raised from 24 months to 48 months by the previous Salvini decree)
• Reduced fees for nongovernmental organizations that violate the sailing ban

In particular, the following residence permits (permessi di soggiorno) can now be converted into permits for work reasons:

• Permit for special protection—permesso di soggiorno per protezione speciale under certain conditions
• Permit for calamity—permesso di soggiorno per calamita’
• Permit for elective residence—permesso di soggiorno per residenza elettiva, but only those issued to retirees with an Italian pension
• Permit for pending citizenship application or pending recognition of stateless status—permesso di soggiorno per acquisto della cittadinanza o dello stato di apolide
• Permit for sport activity—permesso di soggiorno per attivita sportiva
• Permit for artistic work—permesso di soggiorno per lavoro di tipo artistico
• Permit for religious reasons—permesso di soggiorno per motivi religiosi
• Permit for assisting minors—permesso di soggiorno per assistenza minori

Also, for citizenship applications for naturalization and marriage filed after the date of entry into force of the decree (October 22, 2020) processing times are reduced from 48 months to 36 months.

Number of Foreign Workers Allowed in Italy for 2020

Italian government has announced a cap of 30,850 on the number of workers from outside the European Economic Area (EEA) allowed in Italy for 2020. The decree, dated July 7, 2020, was published in the Official Gazette of October 12, 2020.

More than half (18,000) of the total are reserved for entries for seasonal work. For the first time in several years, there are 6,000 for subordinate work, but only for specific sectors of activity (road haulage, building, and hospitality/tourism) and for certain nationalities. The majority of the remaining number is reserved to permit conversion (6,150) for foreign citizens who already have a residence permit (e.g., study, seasonal work, permanent) in Italy or EU and intend to change status, i.e., to convert the existing permit into a permit for employment/self-employment.

The rest are for self-employment work (500) and special categories (200) of foreigners (such as Venezuela’s residents with Italian ancestors or individuals who have completed a specific training in their country of residence).

New Rules for Travelers to Italy

Italy has made COVID-19 testing mandatory for arrivals from the European Union (EU) and lifted the entry ban for certain countries.

Under Decree 3 of December 3, 2020, Italy removed the entry ban for travelers from Armenia, Bahrain, Bangladesh, Brazil, Bosnia-Herzegovina, Chile, Colombia, Kuwait, North Macedonia, Moldova, Oman, Panama, Peru, Dominican Republic, Montenegro, and Kosovo.

Entry into Italy from any non-EU country is allowed only for work reasons, absolute urgency, health reasons, study, or returning to one’s home. There are exceptions for EU citizens and their close family members, foreign nationals regularly residing in Italy and their close family members, and those who have a proven and stable relationship with a person residing in Italy.

Travel from Australia, Japan, New Zealand, Rwanda, the Republic of Korea, Thailand, Singapore, and Uruguay is allowed for any reason. Travelers are subject to completing a self-declaration and quarantining for 14 days on arrival.

Travel from the EU, the United Kingdom, and associated Schengen countries is always permitted, with the obligation to complete a self-declaration and take a molecular or antigenic swab test, with a negative result, within 48 hours before entering Italy. From December 21 to January 6, the obligation to quarantine for 14 days will apply.

Exceptions may apply. For the full set of rules, check for updates to the dedicated section of the Ministry of Foreign Affairs website, https://www.esteri.it/mae/en/ministero/normativaonline/decreto-iorestoacasa-domande-frequenti/focus-cittadini-italiani-in-rientro-dall-estero-e-cittadini-stranieri-in-italia.html, or fill out the information questionnaire at https://infocovid.viaggiaresicuri.it/

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6. RUSSIA

This article provides information about required measles vaccinations for all foreign employees, entry points and other information for unified e-visa holders, and new notification forms being implemented for the employment of foreign workers.

Measles Vaccinations Required

Employers are required to ensure that all foreign employees are immunized against measles.

A foreign citizen can confirm that he or she had measles, was immunized against measles, or has a medical authorization not to be immunized, by a certificate from his or her medical file issued by an organization licensed for immunization practice. The certificate should have a stamp and a doctor’s signature. Documents issued outside of Russia must be duly legalized (apostilled) and translated into Russian. The translation must be notarized.

Entry Points for Unified E-Visa

Starting January 1, 2021, all foreign citizens with the unified e-visa can enter Russia through the following border control points:

Requirements and Steps to Apply for a Unified E-Visa

• Purpose of visit: Guest, business, tourist, humanitarian (sport and cultural connections, participation in international events);
• Application process: Application is filed online at the dedicated page on the Foreign Affairs Ministry website;
• Processing time: Four calendar days;
• Number of entries: Single-entry;
• Validity: 60 days from the date of issuance;
• Allowed stay: Not more than 16 days from the entry date;
• Entry and exit: Only through border control points determined by the government (see list above). Details on entry and exit ordinarily can be found at the website of the Consular Department of the Foreign Affairs Ministry: https://evisa.kdmid.ru/ru-RU; however, currently this website contains outdated information.
• Government fee: US $40 (starting January 1, 2021); for children up to 6 years old, the e-visa will be issued free of charge;

Starting January 1, 2021, foreign citizens who enter Russia on the basis of an e-visa will be able to travel to all Russian regions. As of the writing of this article, citizens of 52 countries could already enter four Russian regions based on e-visas: Far Eastern Federal District, Kaliningrad Region, St. Petersburg, and Leningrad Region.

New Notification Forms To Be Implemented

Starting January 1, 2021, new notification forms will be implemented regarding the employment of foreign citizens in the territory of the Russian Federation.

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7. UNITED KINGDOM

This article provides an update on the United Kingdom immigration scheme, the worker permit scheme, new Skilled Worker category rules, the new frontier worker visa, how the tech sector can make the most of the UK’s new immigration rules, and a review by the Migration Advisory Committee on Intra-Company Transfers.

Update on the UK Immigration System

In light of a new COVID-19 pandemic-related national lockdown that began in the United Kingdom (UK) in November:

Applications to be submitted at appointments in the UK via Sopra Steria, the Home Office’s service provider, can continue as normal and applicants can attend in person during the lockdown. Sopra Steria has been designated as providing an “essential service.” For visa applications submitted outside the UK, most visa application centers remain open and applications can proceed.

Also, as a reminder, given that the new Skilled Worker category opened on December 1, 2020, any staff on Tier 2 (Intra-Company Transfer) visas can apply from within the UK to switch to a Skilled Worker visa in order to be on a track to indefinite leave to remain.

Opening a New Frontier: Worker Permit Scheme

As the UK goes through the disappointing process of raising barriers on entry to EEA nationals coming to the UK, an immigration category soon to emerge, separate from the EU Settlement Scheme, is the “frontier worker” visa.

While the UK’s regulations on this category have been published, the government’s guidance for further details on how the category will operate is awaited. The frontier worker permit application system is expected to be launched in mid-December 2020, and starting on July 1, 2021, frontier workers will need a permit when entering the UK.

To be eligible for a frontier worker permit, an applicant must be:

• An EEA national;
• Not primarily resident in the UK (i.e., living mainly in another country); and
• Working or self-employed in the UK (or has retained this status).

The category will not help those who wish to start working in the UK after December 31, 2020, the end of the Brexit transition period—it is aimed at those who established a work pattern as a “frontier worker” before the end of the transition period following the UK’s withdrawal from the EU.

The route appears to be targeting international commuters, for example, from Dublin, Paris, or Zurich, who regularly come to the UK for business—a relatively small category of individuals. Acquiring frontier worker status provides more flexibility on sources of payment and potential activities in the UK than permitted under the visitor rules.

There are many questions to be answered regarding the details of the scheme, such as: How regularly do you need to work in the UK to qualify? What activities in the UK will constitute work to be eligible to apply? What kinds of documents are required to evidence that an applicant qualifies? Thorough guidance will be needed to answer these questions conclusively.

If granted, a frontier worker visa is issued for five years for current workers and two years for those with retained status. There are obvious drawbacks to the category, including the lack of a route to indefinite leave to remain, but perhaps its most redeeming feature is that renewal applications can be made indefinitely, whereas those who obtain pre-settled status may reach the end of the road in five years’ time if they have a lot of absences, meaning that they would not qualify for settled status and would need to switch their immigration category.

It appears likely that applicants will favor the certainty of applying under the EU Settlement Scheme if eligible. The frontier worker visa might be of recourse to those who, for whatever reason, are not eligible under the EU Settlement Scheme. Some applicants may choose to apply for both pre-settled status and a frontier worker permit.

How the Tech Sector Can Make the Most of the UK’s New Immigration Rules

Many companies in the tech sector are aware of the new immigration system and Skilled Worker category opening in December 2020. Companies without a sponsor license will need to apply for one in order to recruit both non-EU and EU citizens. EU citizens resident in the UK before 11 pm on December 31, 2020, can apply for the EU Settlement Scheme.

However, for international technology companies currently based outside the UK, there are other considerations to take into account when moving specialist staff to the UK. For example, when applying for a sponsor license, it is necessary to first have a trading UK entity that can apply for the license. It must also have at least one senior person based in the UK who can act as the Authorising Officer, the person in charge, of the license. When a tech sector company wishes to set up in the UK, this can lead to a “chicken and egg” scenario of wanting to send someone to the UK to set up the UK operation but being unable to apply for a license.

The solution is often to submit a representative of an overseas business application, also known as a sole representative application. This is for a senior-level employee of the overseas group company who is being sent to the UK to set up operations where there is currently not any UK corporate presence. The employee must not be a majority shareholder in the overseas company. Once that person can enter as a sole representative and set up the UK company, they can act as Authorising Officer and apply for the sponsor license. From there, any staff of the group based outside the UK can transfer to the UK by way of a Skilled Worker or Intra-Company Transfer (ICT) application under the new rules.

Unlike the existing Tier 2 (General) category, there will not be any resident labour market test (RLMT) advertisement process for Skilled Worker applications, and the skill level will be reduced, as will the minimum salary expectations. As the Skilled Worker category can lead to indefinite leave to remain (ILR) after five years, it is most likely that the ICT category will be underused in comparison to the current Tier 2 (ICT) route as it does not lead to ILR and the salary requirements are more onerous.

For some tech sector organizations, the Tier 2 (General) rules on share ownership have been problematic for senior-level employees and founders. Where the individual to be sponsored to work in the UK owns more than 10% of the shareholding in the UK limited company sponsor, they have been prohibited from applying unless they apply as a high earner basis at a salary of at least £159,600. The new Skilled Worker rules as drafted contain no such restriction, albeit detailed Home Office guidance to accompany the rules is awaited. Applicants should be aware of the “genuineness” requirements, including that the job has not been created mainly so the applicant can apply for a visa. One potential benefit of the ICT category is that unlike the Skilled Worker category, it is not necessary to meet English language requirements.

More than in most sectors, international tech companies need to react to market conditions and be nimble in their use of the UK immigration system. While sole representative applications are useful in the above scenario, they are limited, as the name implies, to just one person transferring to the UK. For many tech organizations where highly specialized and niche skills and experience are required, this will be problematic and will not enable them to react quickly enough by the time the sponsor license is obtained and Skilled Worker or ICT applications submitted. UK immigration policymakers seem to be aware of the limitations of this route. In a potentially useful development for the tech sector, in addition to reviewing the ICT eligibility criteria and conditions, the Home Secretary has asked the Migration Advisory Committee (MAC) to look at the sole representative route and report back by the end of October 2021.

The government is seeking to “expand its mobility offer” and has asked the MAC to consider a new option to enable a business based outside the UK to send a team of workers to the UK to establish a branch or subsidiary in the UK. The MAC will advise the government on the viability of those new routes for teams of workers and the eligibility criteria to include, for example, skill and salary thresholds for the members of the team as well as the sending organization’s size, the value of the investment or contract, and the potential for UK job creation. Presumably the new rules will be less restrictive on the seniority of the employee(s) to be transferred.

The MAC has also been asked to consider new rules for a business based outside the UK to send a team of workers to the UK to undertake a secondment in relation to a high-value contract for goods or services. The intended scope of this new route is unclear but would presumably be a welcome extension of the current Appendix 3 visitor rules which, in certain circumstances, allow individuals to enter as a visitor, for example, in relation to “Manufacturing and supply of goods to the UK” and “Clients of UK export companies.”

New Skilled Worker Category Rules

The Home Office released various policy statements throughout 2020, and many of the broad details of the new Skilled Worker category have already been announced. The Immigration Rules released recently confirm existing understanding of the Skilled Worker category, which will replace Tier 2 and apply to all EU and non-EU citizens being sponsored to start working in the UK as of January 1, 2021. In particular, as a reminder, the key features of the Skilled Worker category are:

• Salary. The basic salary threshold will be reduced from £30,000 to £25,600. Applicants must be paid at least the basic salary threshold or the going rate for the role, whichever is higher. The salary thresholds will be reduced for new entrants, including those who are switching from student status or are under 26 years old.
• Skill level. The required skill level for a sponsored role will reduce from Regulated Qualifications Framework (RQF) level 6 to level 3, meaning that many more roles will qualify for sponsorship.
• Points criteria. Applicants need to achieve the required 70 points and can normally do so on the basis of the salary payable for the role. Alternatively, the points can be obtained at a lower salary rate if, for example, the role is classified as a shortage occupation.
• Advertising. The resident labour market test advertisement process will be abolished.
• Quota. The monthly quota/cap that applied to some Tier 2 applications will be suspended.
• Intra-Company Transfers (ICTs). Tier 2 (ICT) visa holders can switch from within the UK into the Skilled Worker category and then be on a track to indefinite leave to remain after five years as a Skilled Worker.
• Sponsor license. Existing Tier 2 sponsors will be able to continue to use their existing sponsor license for Skilled Worker applications.

EU citizens resident in the UK by 11 pm on December 31, 2020, can apply to the EU Settlement Scheme by June 30, 2021, and do not require sponsorship under the Skilled Worker category.

While the recently released immigration rules largely reflect prior understanding of the Skilled Worker category, there are some key new features:

• ICT high earners. Under the new ICT category, where the salary will be over £73,900, the person can qualify as a high earner and stay in the UK for up to nine years. This is a change from Tier 2 (ICT) where the high earner threshold was £120,000.
• Cooling off. The 12-month “cooling off period,” which prevented certain Tier 2 visa holders from returning to the UK after the end of their periods of admission, is being removed. Instead, there will be simplified rules that ICT visa holders cannot have held an ICT visa for longer than five years in any six-year period, or nine years in any 10-year period if they are a high earner.
• Transitioning from Tier 2 (General) to Skilled Worker (or applying for indefinite leave to remain) and still relying on allowances. Allowances can be included in salary calculations for applicants who are applying before December 1, 2026, and were last granted permission as a Tier 2 (General) sponsored worker, provided they are still working for the same sponsor as in their previous permission, and the allowances are guaranteed for the duration of the applicant’s permission.
• Allowances can count toward the ICT threshold. The ICT salary threshold will remain as under Tier 2 (ICT) at £41,500 or the going rate for the role, whichever is higher. The role must also be at the higher Tier 2 RQF level 6. However, unlike under the Skilled Worker category, for ICT applications certain allowances can still count toward the salary threshold.

Timing

The Skilled Worker category will apply to anyone being sponsored to work in the UK in a position due to start on or after January 1, 2021. As of December 1, 2020, it is possible to submit Skilled Worker visa applications for EU and non-EU citizens starting work on or after January 1, 2021.

Migration Advisory Committee to Review the ICT Category

The current Tier 2 Intra-Company Transfer (ICT) route is a highly useful way to bring staff employed at international offices to the UK. As of January 1, 2021, the new Skilled Worker category will replace Tier 2 (General) and the new immigration system will also have a separate ICT category.

Last week, the Home Secretary asked the Migration Advisory Committee (MAC) to review how the ICT category in the new immigration system should work in the future. The MAC is to report back by October 2021, so any changes are unlikely to be made until the end of next year at the earliest. The MAC will consider a range of options that could make the new ICT category more useful.

New UK immigration system FAQs: https://www.kingsleynapley.co.uk/services/department/immigration/the-uks-new-immigration-system-what-you-need-to-know

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8. New Publications and Items of Interest

Mazzeschi Brexit HelpDesk. The Mazzeschi Brexit HelpDesk provides post-Brexit guidance and assistance for United Kingdom (UK) citizens moving to or living in Italy. Until December 31, 2020, UK citizens will be able to enjoy their EU free movement rights in all EU countries, and therefore can continue to live, work, and study in Italy as they did before January 31, 2020 (Transition Period). Italian law provides that British nationals, like any other EU nationals, who intend to stay in Italy for a period exceeding three months should register with the Anagrafe (Register Office) of the municipality where they live. The Brexit HelpDesk is open Monday to Friday from 9 am to 6 pm CEST at phone: +39 0577926921 or email: [email protected]. For more information, see https://www.mazzeschi.it/post-brexit-guide-for-uk-citizen-living-in-italy/.

Alliance of Business Immigration Lawyers: ·

The latest immigration news is at https://www.abil.com/news.cfm. ·

The latest published media releases include:

• ABIL Says Proposed Change to Public Charge Rule Would Exclude Immigrants from Government Programs: https://www.prweb.com/releases/abil_says_proposed_change_to_public_charge_rule_would_exclude_immigrants_from_government_programs/prweb15737932.htm
• New Data Show Increase in H-1B Denials and RFEs: https://www.prweb.com/releases/new_data_show_increase_in_h_1b_denials_and_rfes/prweb15673632.htm
• ABIL Urges Administration to Change “Buy American and Hire American” Executive Order: http://www.prweb.com/releases/2018/05/prweb15485457.htm
• ABIL Member Kuck Baxter Immigration Commercial Nominated for an Emmy: http://www.prweb.com/releases/2018/05/prweb15485460.htm

–   ABIL Members Note Immigration Threats for Employers in 2018: http://www.prweb.com/releases/2018/03/prweb15261255.htm

• ABIL is available on Twitter: @ABILImmigration.
• Recent ABIL member blogs are at http://www.abilblog.com/.

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9. ABIL Member / Firm News

Phil Curtis (bio: https://www.abil.com/lawyers/lawyers-curtis.cfm?c=US) was quoted by the Society for Human Resource Management in “Election 2020: Biden and Trump Differ Dramatically on Immigration.” He noted that there has been little rulemaking on immigration during President Trump’s first term. Instead, the administration has relied on agency policies, memos, and guidance. “A couple of big examples are the memo that said deference will not be given to prior adjudications, and higher adjudication standards generally.” https://www.shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/election-2020-biden-trump-differ-immigration.aspx Charles Foster, chairman of Foster LLP, was honored as the 2020 recipient of the Roy M. Huffington Award for Contributions to International Understanding. Mr. Foster’s practice, based in Houston, Texas, focuses primarily on representing multinational companies and foreign investors regarding U.S. immigration law. He served as senior immigration policy advisor to Barack Obama during his 2008 campaign. He currently serves as Chairman of Interfaith Ministries of the Greater Houston Advisory Board, Executive Committee Member of the Greater Houston Partnership, and others. In addition to his involvement in the community, Mr. Foster is the Honorary Consul-General for the Kingdom of Thailand and the Vice Dean of Houston’s Consular Corps. He is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization and is licensed to practice in the State of Texas. He is fluent in Spanish. Vic Goel (bio: https://www.abil.com/lawyers/lawyers-goel.cfm?c=US) and William Stock (Klasko Immigration Law Partners, LLP) were quoted by Forbes in “Trump Administration Issues Two New Rules To Restrict H-1B Visas.” https://www.forbes.com/sites/stuartanderson/2020/10/07/trump-administration-issues-two-new-rules-to-restrict-h-1b-visas/#30c33a285120 Gomberg Dalfen S.E.N.C. and Corporate Immigration Law Firm were included in Canadian Lawyer’s “Top Ten Immigration Law Boutiques for 2020.” Gomberg Dalfen assists foreign and Canadian businesses, individuals, and community organizations with all aspects of the inbound Canadian and Québec immigration processes. Their staff is fluent in English, French, Spanish and German, with capabilities in Russian, Mandarin, and Hebrew. CILF provides unique solutions to difficult immigration situations—such as visas for spousal sponsorship, getting essential workers across the border to install or service equipment, and allowing loved ones to see each other one last time. CILF takes pride in one-on-one service, especially to help support and reassure clients during the pandemic. Jeff Joseph, of Joseph and Hall, P.C., recently filed Purdue University et al. v. Scalia et al., a lawsuit challenging a Department of Labor interim final rule altering prevailing wage calculations. The plaintiffs represent a cross-section of affected academic institutions, businesses, organizations and trade associations. Also representing the plaintiffs are Charles Kuck (bio: https://www.abil.com/lawyers/lawyers-kuck.cfm) and Greg Siskind, of Siskind Susser PC.Klasko Immigration Law Partners, LLP, published several new client alerts: “Court Halts Prevailing Wage Increase and H-1B Program Changes,” https://www.klaskolaw.com/news-politics/court-halts-prevailing-wage-increase-and-h-1b-program-changes/; and “Update on the November 2020 Visa Bulletin and Applying for Adjustment of Status,” Charles Kuck (bio: https://www.abil.com/lawyers/lawyers-kuck.cfm), Phillip Kuck, Jeff Joseph (Joseph & Hall PC), and Greg Siskind (Siskind Susser PC) were quoted in several media outlets about a recently filed case in which they represented plaintiffs—approximately 245 family, employment, and diversity-based visa applicants and their U.S. sponsors—who sued the Trump administration seeking relief from a Presidential proclamation banning the entry of skilled foreign workers into the United States:·         Law360, “Visa Seekers Say Trump Can’t Use Virus to Limit Immigration.” https://www.law360.com/california/articles/1327468/visa-seekers-say-trump-can-t-use-virus-to-limit-immigration ·         Moneycontrol News, “U.S. Visa Ban: Another Lawsuit Filed in U.S. Court Against June 22 Proclamation.” https://www.moneycontrol.com/news/business/us-visa-ban-another-lawsuit-filed-in-us-court-against-june-22-proclamation-6099511.html For more on this case, Anunciato v. Trump, see the related article in this newsletter. Mr. Kuck was quoted by Law360 in “Biden’s Win Means Big Business for BigLaw.” Mr. Kuck said, “In the immigration area of law, the Trump administration has made, on average, one regulatory or policy change each day since January 20, 2017. [Biden] will spend the next four years reversing virtually all of these administrative changes, and hopefully seeking a complete restructure of our immigration laws.” He added, “Virtually all immigration lawyers are busier than they have ever been. But we have been busy holding back the floodwaters in the dike, like the little Dutch boy. A President Biden will bring sanity back to our system, and a restorative effort to allow us to affirmatively assist our clients.” https://www.law360.com/corporate/articles/1323126/biden-s-win-means-big-business-for-biglaw Cyrus Mehta (bio: https://www.abil.com/lawyers/lawyers-mehta.cfm) spoke on a panel, “Ethical Issues in Pro Bono Representation 2020,” under the aegis of the Practising Law Institute on December 10, 2020. The program highlighted ethical issues arising in pro bono representation across different legal disciplines. Mr. Mehta spoke about ethical issues arising in immigration pro bono practice with an emphasis on additional challenges that have arisen for immigration practitioners during the COVID-19 pandemic. https://www.pli.edu/programs/ethical-issues-in-pro-bono-representation Mr. Mehta was quoted by Forbes in “Facebook Lawsuit Raises Troubling Immigration Issues for Companies.” Among other things, Mr. Mehta said, “A U.S. employer is not required to hire the U.S. worker when conducting recruitment in conjunction with labor certification, and is required to conduct a good faith recruitment pursuant to recruitment rules, which DOL has acknowledged deviate from an employer’s normal recruitment practice.” Mr. Mehta‘s views on the Department of Justice’s lawsuit against Facebook being extremely problematic are reflected in a Times of India article, “U.S. Justice Dept. Files Lawsuit Against Facebook for Bias Towards Hiring H-1B Visa Holders.” He said that “it is rather odd that when Facebook followed the Department of Labor (DOL) rules regarding recruitment for a labor certification, another agency of the federal government accuses it of discriminatory practices.” He noted that Facebook “was not accused of violating the DOL rules,” and said that an employer “is not required to hire the U.S. worker and terminate the foreign worker who already holds the job often on an H-1B visa.” If the government “is not happy about the way Facebook conducted recruitment under the DOL rules, then the labor certification system must be reformed and Facebook should not be penalized with whopping penalties,” he said Mr. Mehta spoke at the 52^nd Annual Immigration & Naturalization Institute on December 3, 2020. The program was sponsored by the Practising Law Institute. Mr. Mehta’s panel was “Trends in Processing and Policy at USCIS—Practical Tips.” https://www.pli.edu/programs/immigration-and-naturalization-institute

Mr. Mehta was quote by the Times of India in “U.S. Senate Passes S. 386 Bill, Eliminates Country Cap for Employment-Based Green Cards.” He tweeted, “While S386 removes country of birth discrimination, the 50-50 provision will badly impact IT companies though they can still file H-1B extension and change of employer requests.”

Mr. Mehta was quoted by Scroll India in “Will Joe Biden and Kamala Harris Actually Undo the Anti-Immigrant Policies of the Trump Years?” He said, “Because India has so many more applicants, and because it’s such a large country, people born there have far worse backlogs than anyone else.” Mr. Mehta said this was a “fundamental problem in the immigration law that has not been reformed. But what Trump did was to kind of make it far harder to obtain and renew an H-1B visa, making the lives of thousands of Indians more difficult.” He also noted that there is much uncertainty each time an H-1B visa holder files for renewal, and now “the terrain has become even more difficult to negotiate. Life is just going to be more uncertain and more stressful for an Indian there—because a lot of Indians are in IT.”

Mr. Mehta was quoted by the Times of India in “Court Strikes Down Trump Admin’s H-1B Restrictions.” Mr. Mehta said, “The court found no justification for the government to issue these rules without going through the required notice and comment under the Administrative Procedure Act. Judge White also remained unconvinced regarding the government’s justification to bypass notice and comment due to unemployment caused by the Covid-19 pandemic as the Trump administration had been planning to issue these rules much before the pandemic. This ruling is another victory against a rule of the Trump administration that had no economic basis, and which would have harmed U.S. businesses as well as skilled foreign nationals employed in the U.S. on H-1B visas.”

Mr. Mehta‘s views were extensively reflected in a Times of India article, “Bid to Halt OPT Program for International Students Stemmed by U.S. District Court.” He said the decision is “great news for international students as they can look forward to getting permission to engage in practical training in the U.S. after they complete their studies. It is also good for American universities as they can continue to compete with universities in other countries to attract the best students. Obtaining practical training after successfully graduating from a U.S. university can nicely round off a stellar education, and provide the student a foray into a career, which in turn can benefit the U.S. or the home country or both.” https://bit.ly/3ot9Fid

Mr. Mehta was a speaker in a program, “Pandemic Backlight: Conversations on Justice, Equality and Immigration Reform in the Disinformation Age,” on November 14, 2020. This program was part of the FEZANA Talks. https://www.youtube.com/watch?v=910ylE0RHaI&feature=youtu.beMr. Mehta’s views are reflected in a Bloomberg Law article regarding a federal court decision invalidating DHS Secretary Wolf’s decision on DACA on the grounds that he was not lawfully appointed, “DHS Rules Jeopardized by Court’s Wolf Ruling Unless Senate Acts.” https://news.bloomberglaw.com/daily-labor-report/dhs-rules-jeopardized-by-courts-wolf-ruling-unless-senate-actsMr. Mehta authored several new blog postings: “Proposal for the Biden Administration to Reduce Backlogs: Count the Family Together So That They May Stay Together,” https://bit.ly/36YfrkL; and “What If the Job Duties Have Changed Since the Labor Certification Application Was Approved Many Years Ago?” http://blog.cyrusmehta.com/2020/10/what-if-the-job-has-changed-since-the-labor-certification-application-was-approved-many-years-ago.html Angelo Paparelli (bio: https://www.abil.com/lawyers/lawyers-paparelli.cfm) and Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) co-authored a blog, “Big-Picture, Clean-Slate Immigration Reforms for the Biden-Harris Administration,” published on thinkimmigration by the American Immigration Lawyers Association. https://thinkimmigration.org/blog/2020/11/19/big-picture-clean-slate-immigration-reforms-for-the-biden-harris-administration/Mr. Paparelli was quoted by the Society for Human Resource Management in “Election 2020: Biden and Trump Differ Dramatically on Immigration.” Mr. Paparelli said, “Biden’s ‘Build Back Better’ message sounds a lot like Trump’s Buy American, Hire American executive order. In some respects, the H-1B area [involving visas for foreign professional workers] will not be that different under a President Biden than under Trump.” https://www.shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/election-2020-biden-trump-differ-immigration.aspx

Bernard Wolfsdorf (bio: https://www.abil.com/lawyers/lawyers-wolfsdorf.cfm) was quoted by Voice of America News in “Experts Weigh Impact of U.S. Immigration Ban on Chinese Communists.” He said that a policy alert from U.S. Citizenship and Immigration Services banning from the United States “any immigrant who is or has been a member of or affiliated with the Communist or any other totalitarian party, domestic or foreign,” unless otherwise exempt, was based on provisions added in the 1950s to the Immigration and Nationality Act, when communism was perceived as a direct threat to the United States. He noted that in the past, unless the individual held a relatively high post in the Communist Party or a sensitive post in the military, most of these cases did not result in inadmissibility findings. In contrast, he said that now he was seeing some changes already: “More recently, we are hearing anecdotal reports of an increased number of denials based on membership [in the Chinese Communist Party].” He said it was too early to predict the results of the new enforcement measures because the policy alert just came out last week. “To an experienced officer, they know who is likely to be a Communist Party member, and they are capable of doing an adequate inquiry to see whether their membership is meaningful,” he said. https://www.voanews.com/usa/experts-weigh-impact-us-immigration-ban-chinese-communists (English); https://www.voachinese.com/a/ccp-member-immigration-ban-2020-10-08/5612659.html (Chinese)

Wolfsdorf Rosenthal LLP has published several new blog postings: : “USCIS Announces Revised Version of the Civics Portion of the Naturalization Test,” “Don’t Say We Didn’t Tell You: Address Change Deadlines for Affidavit of Support Sponsors,” U.S. Visa and Consular Update Focusing on U.S. Consular Posts in Germany,” “Restrictive H-1B Rules Enjoined,” “DHS Extends U.S./Canada/Mexico Land Border Restrictions Until December 21, 2020,” “E-Verify/I-9 Flexibility Extended Through February 1, 2021 Due to EAD Production Delays,” “Adjustment of Status: The New Frontier for Restrictive Adjudications?,” “December Visa Bulletin Report,” and “Denaturalization and Permanent Residence: Is the Trump Administration on a Fishing Expedition?.” https://wolfsdorf.com/blog/ Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) was quoted by the New York Times in ” ‘They’re Playing With Our Lives’: What Happens Next for DACA’s ‘Dreamers.’ ” He said, “DACA recipients cannot feel safe yet, for a variety of reasons. The only true solution for DACA recipients is legislation offering them a path to legalization. Given the polarization in Congress, that seems difficult to achieve.”Mr. Yale-Loehr was quoted by Univision in “Este viernes el gobierno publica regla final que endurece requisitos para pedir asilo en EEUU,” on a new final rule that toughens requirements to request asylum in the United States. The final rule “will radically restrict the ability of people fleeing persecution to obtain asylum in the United States,” he said. Among other things, Mr. Yale-Loehr cited the imposition of “various prohibitions, including failure to pay taxes.” He also mentioned a new definition of the term “persecution” that will impose a higher standard than the previous definition. He noted that the rule redefines membership in a “particular social group,” a change that “will generally exclude people who are fleeing persecution because they oppose gangs in their country. It will also restrict the possibility of applying for asylum based on gender. Even women fleeing sexual slavery at the hands of ISIS may not qualify for asylum,” he warned. Another modification in the final rule concerns the procedure to allow immigration judges to reject asylum applications without a hearing if they lack certain evidence, he said. “This will be particularly damaging to applicants without an attorney representing them.” Mr. Yale-Loehr characterized the rule as “the asylum hater’s dream. It will gut the system and, indeed, very few people will be able to obtain protection in our country.” He noted that the rule is scheduled to take effect in 30 days, just before the inauguration. “The courts could eventually overthrow it, arguing that it violates U.S. and international law,” he noted. https://www.univision.com/noticias/inmigracion/gobierno-publica-este-viernes-regla-final-de-asilo (Spanish)Mr. Yale-Loehr was quoted by the Washington Post in “A Maryland Immigrant Hoped to Delay His Deportation Until Biden Took Office. It Didn’t Work.” The article reports on a case in which a man who had been in the United States for 20 years and has three small U.S.-born children was followed in his car by an unmarked vehicle, pulled over, and deported. He said that unilateral actions by ICE grew increasingly common under the Trump administration, but vary by regional office. Mr. Yale-Loehr said that although such moves are legal, they go against the spirit of laws passed in sanctuary jurisdictions such as Prince George’s County, Maryland (where the incident occurred), which explicitly barred county agencies from engaging in immigration enforcement. https://www.washingtonpost.com/local/public-safety/maryland-immigrant-deported/2020/12/07/0678c202-30d1-11eb-96c2-aac3f162215d_story.html Mr. Yale-Loehr was quoted in the San Francisco Chronicle in “New Asylum Rule Bars Gays, Lesbians Facing Persecution, Immigrants Threatened With Violence.” Mr. Yale-Loehr said the rule is “an asylum-hater’s dream” that “will gut the U.S. asylum system. Effectively, very few people will be able to win asylum.” https://www.sfchronicle.com/nation/article/New-asylum-rule-bars-gays-lesbians-facing-15795663.php Mr. Yale-Loehr was quoted by the Dallas Morning News in “Will DACA Survive the Litigation Roller Coaster?” He said that a decision by a federal judge who was appointed by former President George W. Bush could be grim for DACA recipients. “Given Judge Hanen’s past decisions on this issue, I think he is likely to rule that the DACA program is illegal.” Appeals, or the issuance of new executive measures, could result in lengthy litigation before there’s a final decision, he said. https://www.dallasnews.com/news/immigration/2020/12/11/will-daca-survive-the-litigation-rollercoaster/ Mr. Yale-Loehr was quoted by Univision in “Cómo la regla final de asilo del gobierno de Trump deja sin opciones a los migrantes.” He said that a new final rule on asylum “will radically restrict the ability of people fleeing persecution to obtain asylum in the United States.” The final rule also revised the procedural rules “to allow immigration judges to deny asylum applications without a hearing if they lack certain evidence. This will particularly harm applicants without a lawyer,” he noted. https://www.univision.com/noticias/inmigracion/estas-son-las-claves-de-la-regla-final-de-asilo-de-trump Mr. Yale-Loehr was quoted by the Times of India in “New-Age Companies Like Airbnb Top
H-1B Salaries.” He said that all H-1B employers must pay the higher of either the prevailing wage for the job in the geographical area or the actual wage paid to other similarly situated workers in the company. “The prevailing wage varies, depending on the geographical location and the precise delineation of the job (e.g., level 1 computer systems analyst versus level 1 computer systems analyst). The actual wage also varies, depending on the company. For example, Netflix generally pays its technology workers more than other tech companies. The overall system isn’t perfect, but it isn’t supposed to depress wages for similarly employed U.S. workers.” https://bit.ly/2VGV0nn Mr. Yale-Loehr was quoted by the Houston Chronicle in “Kids Face Speeded Up Deportation.” The article discusses 18 youths “facing expedited removal proceedings in which Houston-area immigration judges ordered them to hand over complicated documentation on short notice” under a Department of Justice memorandum concerning new procedures in removal proceedings. Mr. Yale-Loehr said, “The Trump administration has attacked the immigration system in unprecedented ways over the past four years. This memo is just the latest salvo in their dying days to send people who have faced persecution back to their home countries.” https://bit.ly/33Oamut  Mr. Yale-Loehr was quoted in two media outlets about a court decision striking down the Trump administration’s public charge rule:·         Arizona Republic, “U.S. Court Rules Against Trump Administration’s Public Charge Rule, Which Critics Call ‘Wealth Test’ for Immigrants.” He said, “The decision joins several other courts in striking down the new ‘public charge’ rule as violating longstanding interpretations of immigration law.” Mr. Yale-Loehr predicted the Trump administration likely will ask the U.S. Supreme Court to stay the decision. https://www.azcentral.com/story/news/politics/immigration/2020/12/02/us-appeals-court-rules-against-trump-public-charge-rule/3802257001/ ·         Univision, “Court Battle Continues: Appeals Court Rules Against New Public Charge Rule.” He said the Trump administration will certainly ask the Supreme Court to suspend today’s decision. It remains to be seen if the incoming administration of Joe Biden will change course on this important immigration issue.” https://www.univision.com/noticias/inmigracion/una-corte-de-apelaciones-falla-en-contra-de-nueva-regla-de-carga-publica (Spanish)Mr. Yale-Loehr was quoted by Detroit News in “Metro Detroit Immigration Advocates: Hopes for Biden Tempered by Experience.” He said, “President Trump issued a lot of executive orders. And because he issues them as executive orders, a new president can also undo those executive actions. So, for example, the Muslim travel bans could be undone. President Biden could issue a new executive order reaffirming the Deferred Action for Childhood Arrivals Program for young ‘Dreamers,’ and perhaps make them feel more secure by allowing them to renew their status for two years, rather than the one year for which the Trump Administration currently has issued. President Biden could also undo the travel bans for temporary workers that are in place.” https://bit.ly/2HKOhoU (subscription required)Mr. Yale-Loehr was quoted by Correio Braziliense in “Twenty Days After Election, Trump Gives the Green Light for the Transition in the U.S.” He noted that Alejandro Mayorkas, who President-elect Biden intends to nominate as head of the Department of Homeland Security (DHS), “was director of U.S. Citizenship and Immigration Services under the Obama administration, then undersecretary of DHS. He has extensive experience in command of immigration and will be an excellent head of Homeland Security.” Regarding the new Secretary of State nominee, Mr. Yale-Loehr said he is betting that Antony Blinken will strengthen multilateralism. “He will give the State Department a firm hand and will work to improve the agency’s morale,” he said. https://bit.ly/2VaoLg3 (Spanish)Mr. Yale-Loehr was quoted by Law360 in “Trump Could Further Rattle Immigration Law Before His Exit.” Commenting on Trump administration efforts to rush efforts to finalize policies restricting legal immigration before he leaves office, Mr. Yale-Loehr said, “I fear that there will be no letup of immigration restrictions occurring between now and Inauguration Day.” https://www.law360.com/corporate/articles/1328486/trump-could-further-rattle-immigration-law-before-his-exit (available by registration)Mr. Yale-Loehr was quoted by Ideaspace.com in “How Do We Reconceptualize and Remake Our Immigration System for the 21^st Century?” Mr. Yale-Loehr said, “Our immigration laws have not been updated since 1990. But just as important, they haven’t been reconceptualized. So we’ve just tacked on different ideas. One idea applies to this visa category but not another. It would be great if Congress started from scratch and asked the question: What sort of immigration system should we have for the 21st Century? … It’s very clear that on a macroeconomic level immigration benefits the United States, but on the micro-level … people hear stories about their friend who was replaced by a foreign worker, they think, ‘Oh, immigration is bad.’ It’s easier for people to feel better about immigration when the economy is booming as opposed to when we’re in a recession. Also, when leaders are praising immigration or trying to portray immigrants as ‘rapists and thugs’—that’s a big part of it, too. It matters what leaders are saying and how they’re trying to educate the public.” Commenting on a report Mr. Yale-Loehr co-authored, “Recruiting for the Future: A Realistic Road to a Points-Tested Visa Program in the United States,” Mr. Yale-Loehr said, “You can set up points for anything you want. In the system we came up with we suggested offering points if you’re a woman, or if you come from a developing country. Traditional point systems would be biased toward white males from European countries. It’s easier for someone in Europe to have a PhD than someone in Africa. So the question is how do you overcome that? No system is going to be perfect but the point system is definitely something to consider.” He argued in favor of an incremental approach that is more politically plausible than asking Congress to tackle comprehensive immigration reform right away. He said he hopes a pilot program can grow, especially if it is designed to remain fluid and responsive to geopolitical and economic dynamics. He also noted that with a point system, “we could at least make something that is more transparent for employers, Americans, and potential immigrants.” Article: https://ideaspace.com/state-of-play/how-do-we-reconceptualize-and-remake-our-immigration-system-for-the-21st-century/; “Recruiting for the Future” report: https://www.lawschool.cornell.edu/information-technology/upload/Immigration-Points.pdf Mr. Yale-Loehr co-authored an op-ed, “President-elect Biden: Eliminate Chaos as a Deliberate Immigration Tactic,” published in The Hill. The article notes that the “cumulative impact of the policy assault against immigrants is far greater than any one change,” and recommends actions President-elect Joe Biden can take to rebuild immigrants’ trust in America. https://thehill.com/opinion/immigration/525626-president-elect-biden-eliminate-chaos-as-a-deliberate-immigration-tactic Mr. Yale-Loehr was quoted in various media outlets about possible immigration changes under the Biden-Harris administration:·         Los Angeles Times, “On Latin America, Biden’s Brand of Diplomacy Will Be a Major Shift From Trump.” Mr. Yale-Loehr said President-elect Biden will “walk a tightrope on dealing with immigration at the U.S.-Mexico border.” He said, “If people believe the U.S. government is becoming more liberal on immigration, we may see a new wave of people … try to enter the U.S. But if the new administration continues the hardline approach of the Trump administration, Biden will be called ‘deporter in chief,’ just as former President Obama was.” Mr. Yale-Loehr predicted that Biden will move cautiously, perhaps temporarily maintaining the controversial “Remain in Mexico” policy for asylum-seekers while adding judges to expedite immigration cases. https://www.latimes.com/world-nation/story/2020-11-15/biden-administration-latin-america-foreign-policy·         Associated Press, published by many newspapers, including U.S. News and World Report, “Some Big, Early Shifts on Immigration Expected Under Biden.” Mr. Yale-Loehr predicted it would “take four years to undo all the damage that the Trump administration has done.” https://www.usnews.com/news/politics/articles/2020-11-10/some-big-early-shifts-on-immigration-expected-under-biden ·         Chronicle of Higher Education, “Biden’s Victory Has Elated International Students, But the Road to Lasting Reform is Long.” Mr. Yale-Loehr said President Trump has “effectively built an invisible wall.” He noted, ” Those who choose to come to the U.S. to contribute to our campuses and our communities need to know that in choosing to do so there will be processes in place that are fair, which they can rely upon to make choices for themselves and their families.” https://www.chronicle.com/article/bidens-victory-has-elated-international-students-but-the-road-to-lasting-reform-is-long ·         Latitudes, “A Biden Agenda.” Mr. Yale-Loehr noted that the future President Biden could use presidential orders to set policy, but noted that he could face legal challenges to his authority from a variety of entities, including conservative states and anti-immigration organizations.Mr. Yale-Loehr was interviewed by WVBR about the impact of recent H-1B rules on international students. https://bit.ly/2IdVmhR Mr. Yale-Loehr was quoted by Study International in “A Biden Win is a Win for International Students in the U.S.—Here’s Why.” He said that President-elect Biden could revoke Trump administration regulations and policies that make it harder for international students to obtain student visas and limit their stay in the United States, but that any regulations finalized before President Trump leaves office would mean that the new administration would need to go through the lengthy regulatory process again. The rules could also be undone through the Congressional Review Act if Congress acts within 60 days. Mr. Yale-Loehr also noted that the new President could reverse a Department of Education emergency rule blocking international students in the United States from receiving COVID-19 pandemic relief funding. https://www.studyinternational.com/news/biden-international-students-in-the-us/ Mr. Yale-Loehr was quoted by Bloomberg Law in “Court Voids Public Charge Rule Denying Immigrants U.S. Entry.” Commenting on a federal court decision striking down the Trump administration’s new public charge rule, he said, “The government is sure to appeal to the Seventh Circuit and try to get a stay of this decision even though the appellate court has already ruled the plaintiffs are likely to win.” https://news.bloomberglaw.com/us-law-week/trumps-public-charge-rule-to-deny-immigrants-u-s-entry-vacated Mr. Yale-Loehr was quoted by Education Dive in “How Would Biden’s Immigration Proposals Affect International Students?” Mr. Yale-Loehr said that a President Biden could revoke proposed regulations limiting international student visas to four-year periods and setting up new procedures for extending their stay. However, if the regulations are finalized before President Trump leaves office, a new administration would need to go through the lengthy regulatory process again, unless Congress undoes them through the Congressional Review Act. More pressing, he said, are the pandemic’s effects on international and unauthorized students, and the Department of Education’s refusal to grant them coronavirus relief funding, a decision that could also be reversed. https://www.educationdive.com/news/how-would-bidens-immigration-proposals-affect-international-students/588092/ Mr. Yale-Loehr was quoted by Law360 in “Salary-Based H-1B Visas May Leave Out Foreign Grads.” Commenting on a Trump administration proposed rule to eliminate the H-1B visa lottery and instead award visas to candidates offered the highest salaries, he said, ” I think it is going to hurt innovation because many times it’s the people right out of grad school who have been doing cutting-edge research.” https://www.law360.com/technology/articles/1324141/salary-based-h-1b-visas-may-leave-out-foreign-grads (available by registering)Mr. Yale-Loehr was quoted by Univision in “El gobierno ya no otorgará al azar las visas H-1B para profesionales extranjeros: te contamos a quién afecta.” He said, “The new rule would eliminate the current random selection system and instead select H-1B workers based on their wages. The highest paid workers would be allowed to file an H-1B petition. But workers offered lower wages may not be able to petition if more than 85,000 higher-wage H-1B workers filed first.” Mr. Yale-Loehr noted that “[b]y effectively increasing the wages of H-1B workers, the proposed rule would hurt all employers trying to hire foreign temporary professional workers, but especially schools, start-ups, and smaller businesses that cannot afford the high wages that Silicon Valley high-tech companies and other large companies offer H-1B workers.” He further said that “the announced rule is based on the preservation of jobs for American workers. However, the administration does not understand that many nonimmigrant workers, especially highly skilled foreign workers, help the economy grow. For example, one study found that each H-1B worker creates about five jobs for US workers in the tech sector.” https://bit.ly/2HRMVc6 (Spanish)Mr. Yale-Loehr was quoted by the Cornell Chronicle in “Webinar Highlights Advocacy for International Students.” Mr. Yale-Loehr, who presented the webinar, “Ballots and Borders: Election 2020: What’s at Stake for International Students and Scholars,” said that “Cornell is advocating for its international students, scholars and faculty in a number of ways. Most importantly, Cornell is a plaintiff in a lawsuit challenging new arbitrary wage increases on certain professional foreign workers and will soon contribute a comment criticizing a proposed regulation to limit the length of visas for international students and scholars.” https://news.cornell.edu/stories/2020/10/webinar-highlights-advocacy-international-students
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In this issue:

1. EMPLOYER SPONSORSHIP CRITERIA: AN OVERVIEW – This article provides an overview of policies and procedures related to employer sponsorship criteria in Italy and Turkey.

2. BELGIUM – Belgium has added to the list of categories of travelers with an essential function or need, and has issued an update on restrictions on non-essential travel due to the COVID-19 pandemic.

3. CANADA – The government has made changes to the Québec Experience Class (PEQ) program.

4. GERMANY – The COVID-19 pandemic thwarts a new skilled immigration law.

5. ITALY – This article summarizes issues related to immigration in Italy during the COVID-19 pandemic.

6. RUSSIA – This article provides updates on Russian COVID-19 policies and procedures related to immigration.

7. UNITED KINGDOM – The Home Office has published further details on the new post-Brexit immigration system. Also, there was an update on international travelers arriving in the UK.

8. New Publications and Items of Interest – New Publications and Items of Interest

9. ABIL Member / Firm News – ABIL Member / Firm News

Download:

ABIL Global Immigration Update – August 2020

1. EMPLOYER SPONSORSHIP CRITERIA: AN OVERVIEW

This article provides an overview of policies and procedures on employer sponsorship criteria in Italy and Turkey.

Italy

To sponsor a work permit application in Italy, a company/entity must:

• Be registered with the Italian Business Register (Registro Imprese) or equivalent (see )
• Be in good standing (many Immigration Offices require that the latest approved financials do not show a loss)
• Provide proof of compliance with payment of taxes and social security charges
• Provide the number of employees when requested (even though this is not specifically set forth by the law, some Immigration Offices look at the number of employees working for the company)

Among the sponsoring company’s obligations/commitments undertaken when filing a work permit application, it must specifically indicate in the application:

• Whether it has enforced any collective dismissal for reduction of personnel during the last 12 months
• That it does not have any workers under ordinary or extraordinary redundancies with the same skills and characteristics of the worker on assignment
• That the foreign worker’s wage is not lower than that of a local employee hired in the same job position/level
• Any variations in working conditions
• That the worker is provided a suitable accommodation
• That the expenses for the worker’s repatriation, if applicable, will be covered in full

Turkey

A Turkish work permit cannot be self-sponsored; it must be sponsored by a Turkish legal entity (a joint stock company, joint venture, limited liability company, or liaison office), with the exception of domestic workers, who may be sponsored by the appropriate individual. A Turkish entity that sponsors the work permit application (and acts as the local employer) must meet certain requirements that must be maintained over the life of the work permit. The employer must have at least five Turkish citizen employees per registered worksite per foreign applicant as evidenced on payroll records (termed the “5:1 ratio”), and the employer’s “paid in capital” cannot be less than 100,000 Turkish Lira (TL). In the alternative to the capital requirement, the employer can show a gross (assumedly annual) sales amounting to 800,000 TL annually, or exports with a gross annual value of USD $250,000. Certain exemptions for the 5:1 ratio exist but are not often granted by the Ministry. The employer must maintain the criteria throughout the work permit period.

As of February 26, 2018, any sponsor of a work permit must have an e-signature tool issued by the government-designated agencies. This means that no work permit applications can be logged in without the use of a company-sponsor e-signature tool. Each company’s designated social security e-notification authority—who is also the e-signature holder—must complete a Ministry of Labor company registration through the online system to pursue work permit applications.

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2. BELGIUM

Belgium has added to the list of categories of travelers with an essential function or need, and has issued an update on restrictions on non-essential travel due to the COVID-19 pandemic.

List of categories of essential travelers. Belgium has extended, effective July 2, 2020, the list of specific categories of travelers with an essential function or need to “4 categories: mariners, persons attending meetings of international organisations, students and highly qualified personnel whose work cannot be carried out at a distance (taking into account the visa procedures currently in force).”

Furthermore, EU+ citizens and third-country nationals legally residing in the European Union, as well as their family members, can travel wherever they wish in the EU+, including Belgium, and no longer only in their country of residence. The Belgium government listed “EU+” countries in a public statement from the Minister for Foreign Affairs, Philippe Goffin (https://diplomatie.belgium.be/en/newsroom/news/2020/non_essential_travel_outside_eu_no_major_changes_before_7_july).

“Highly qualified personnel whose work cannot be carried out at a distance” refers to the category “highly qualified third-country workers if their employment is necessary from an economic perspective and the work cannot be postponed or performed abroad” as mentioned in the EU Council Recommendation 9208/20, dated June 30, 2020. For the time being, the Belgian authorities have limited “highly qualified personnel whose work cannot be carried out at a distance” to Blue Card holders, who will receive a visa type D with the code B29. A Belgian visa type D contains a code B (number), indicating the underlying legal basis for the visa D.

The EU Blue Card is issued in Belgium to highly qualified employees, but it is not the only permit for highly qualified/skilled employees, and definitely not the most popular one. Many highly qualified/skilled employees hold a single permit that allows them to obtain a visa type D with the code B34. Some observers have said that the current limitation to Blue Card holders does not make sense. Despite pressure from the business community to include single permit holders, as of this writing, there was no final decision yet.

Restrictions on non-essential travel. As of this writing, restrictions on non-essential travel were still in place due to the COVID-19 pandemic, and this was not expected to change immediately. The Belgian press reported that the federal government decided not to reopen the borders for “white-listed” (safe) countries because the health situation in nine countries would not allow this and there was a lack of reciprocity with respect to the other countries on the list. Reportedly, if Belgium’s neighboring countries (France, Germany, Netherlands, Luxembourg) would allow entry to travelers from the white-listed countries, Belgium would implement unannounced border checks to prevent these travelers from entering Belgium. Formal confirmation of this decision by the federal government was awaited.

The 15 white-listed countries included Algeria, Australia, Canada, Georgia, Japan, Montenegro, Morocco, New Zealand, Rwanda, Serbia, South Korea, Thailand, Tunisia, Uruguay, and China (subject to confirmation of reciprocity).

The Public Health Passenger Locator Form must be completed by every passenger on flights from outside the Schengen Area to Belgium. On arrival, the travel must hand over the form to the designated authorities at the border. Information on travel to Belgium is available at https://dofi.ibz.be/sites/dvzoe/EN/Pages/Travel-to-Belgium.aspx. The form is at https://dofi.ibz.be/sites/dvzoe/EN/Documents/BELGIUM_PassengerLocatorForm_ENG.pdf.

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3. CANADA

The government has made changes to the Québec Experience Class (PEQ) program.

For the past 10 years, workers and students in Québec had the choice between two permanent residence streams: the expedited ” Québec Experience Class” (Programme de l’Expérience Québecoise, or PEQ) and the regular Québec skilled worker program. While the former had simple eligibility criteria based on knowledge of French and either 1 year of qualifying work in Québec or completion of certain Québec diplomas, as well as 1-month processing times, the latter is based on a points system with heavier documentation requirements and processing times of anywhere between 1 and 4 years. In both cases, applicants were granted the “Québec Selection Certificate” (Certificat de Sélection du Québec, or CSQ) and then needed to apply to Immigration, Refugees and Citizenship Canada (IRCC) to undergo background and medical checks and ultimately were granted permanent residence (PR). Historically, this second step took between 13 and 24 months.

To put it in a nutshell, at its fastest, applicants to the PEQ were able to be granted PR within 14 months. Comparatively, this is still longer than federal programs under Express Entry where PR can be granted within 6 months, but the PEQ was competitive because the CSQ granted applicants, and employers, the possibility to apply for closed bridging work permits. All in all, it was a system that worked and that employers had integrated as part of their employee retention strategy.

As of July 22, 2020, new selection conditions apply to candidates who submit a PEQ application, including increases in work experience and language requirements. Transitional measures are also planned. For more information on the PEQ, see https://www.immigration-quebec.gouv.qc.ca/en/immigrate-settle/students/stay-quebec/application-csq/students-peq/index.html.

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4. GERMANY

The COVID-19 pandemic thwarts a new skilled immigration law.

When Germany agreed to change its skilled immigration laws in 2019 to facilitate the immigration of skilled employees from abroad, its economy was thriving and the labor market was robust and on the edge of turning into an employee market. IT professionals, engineers, and health care workers were difficult to find and in high demand. Plumbers, mechanics, and many other trades also reported skills shortages. Accordingly, Germany adjusted its immigration laws to allow the migration of professionals with vocational training to Germany and implementing a new fast-track option.

With the new law taking effect on March 1, 2020, all was set to enhance employment-related immigration to Germany. However, due to the COVID-19 pandemic, all immigration came to a sudden halt in mid-March. Schengen borders closed, visa application centers went into lockdown, and many government authorities began working from home offices. Travel was suspended across the globe.

An immigration lawyer’s nightmare of ceasing travel turned quickly into an immigration lawyer’s challenge when many clients needed support, with employees stranded abroad or foreign staff in Germany needing extensions when authorities were hardly accessible. The government issued new laws and regulations to address the COVID-19 crisis frequently, with lawyers slogging behind in the attempt to stay on top, interpret the hastily issued rules, and find reliable angles for their clients. The unpredictability of the situation added to the general disturbance.

But some of the most interesting and moving cases also occurred during the pandemic: With attorney support, the employer of a person who had terminal cancer managed to assist her Chinese parents with visiting their daughter in Germany—in the midst of the pandemic—with the support of the local health department, the airline, the German immigration authorities, and the hospital all working together in an act of humanity.

Three months later, with infection numbers dropping in Germany and throughout Europe, the economy began a slow rebound, although things are far from normal. The new immigration law technically took effect, albeit in most parts of Germany it remained suspended until the end of the travel restrictions. When on July 1, 2020, the borders were cautiously opened for skilled professionals (those with either a recognized university degree or vocational certificate), they became eligible to travel to Germany for local employment or intracompany transfer if they were urgently required for economic development, needed to be present in Germany to perform their work, and could not do so remotely. All persons originating from a “risk country” must present extra documentation to enter the Schengen Area and are subject to quarantine regulations. (Currently only European Union/Schengen countries as well as Australia, Canada, Georgia, Montenegro, New Zealand, Thailand, Tunisia, and Uruguay are considered safe countries.) Certain regions renounced lengthy quarantines if regular COVID-19 testing was being done to ensure that assignees could start to work as soon as possible. Employees may be accompanied by their family members, and those who had a valid permit and returned to their country of origin may come back to Germany now.

While many open questions regarding travel options remain, the immigration system is becoming more predictable each day. Germany seems to be developing into an attractive destination country for Indian IT specialists especially, who suffer from the H-1B travel ban in the United States and the lockdown in India. And while the German missions in India resume their operations only slowly, the backlog of waiting applicants grows.

What does the future hold for immigration to Germany?

The country will still need skilled immigration because of its peculiar demographics and strong economy. Nevertheless, the German labor market took a COVID-19 blow and, for the first time in years, shows rising unemployment. It is thus to be expected that the new immigration-friendly law—while not a turncoat—will show some teeth when it comes to issues like comparable salary, labor market tests, and compliance. Already the labor authority has tightened the rules and increased scrutiny when dealing with applications. Thus, the future will again be challenging for immigration lawyers, and immigrants.

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5. ITALY

This article summarizes issues related to immigration in Italy during the COVID-19 pandemic.

Processing Times for Work Permits

Italy has a general legal framework to regulate immigration and guidelines on the process. Within the legal framework, each immigration and labor office has wide discretionary powers. Local authorities can decide on their own how to implement rules. This may result in differences in application document requirements and processing times. Also, the turnover of public-office managers and staff may result in changes in application requirements without advance notice. This may happen not only for work permit (nulla osta) applications in immigration and labor offices, but also for residence permit (permesso di soggiorno) applications in the police department (Questura).Sectors affected include agriculture, livestock, fishing, and related activities; caregivers; and domestic work.

Mandatory Quarantine for Arrivals From Bulgaria, Romania

As of July 25, 2020, travelers from Bulgaria and Romania, or those who have stayed/transited there in the last 14 days, must quarantine for 14 days upon arriving in Italy. Italian Health Minister Roberto Speranza signed this order on July 24 in an effort to prevent the importation of COVID-19 from outside Italy. Romania and Bulgaria are therefore added to the list of countries from which travel is possible without having to justify a specific reason but with the quarantine obligation (a 14-day quarantine period in self-isolation).

Entry Ban for 16 Countries

Entry into Italy was banned from the following countries: Armenia, Bahrein, Bangladesh, Brazil, Bosnia Herzegovina, Chile, Kuwait, North Macedonia, Moldova, Oman, Panama, Peru, Dominican Republic, Serbia, Montenegro, and Kosovo. Individuals who have traveled or stayed in one of these countries in the 14 days preceding the intended entry date in Italy are banned from entering the country.

There were exceptions to the ban for citizens of Italy, the European Union, Schengen countries, the United Kingdom, Andorra, Monaco, San Marino, and Vatican City, and their family members, on condition that they were registered as residents in Italy before July 9, 2020.

Other exceptions are for officials and other servants of the EU, international organizations, diplomatic missions and consulates, military personnel in the performance of their duties and—only for Bosnia-Herzegovina, North Macedonia, Serbia, Montenegro, and Kosovo—transport crew members and travel staff members only for transit (maximum of 36 hours) or short stays (up to 120 hours).

Travel from the following countries is allowed with no specific reason required: Algeria, Australia, Canada, Georgia, Japan, Morocco, New Zealand, Rwanda, Republic of Korea, Thailand, Tunisia, and Uruguay.

Travel from other non-EU countries is allowed but only for specific reasons.

Validity of Residence Permits Extended

Due to the COVID-19 pandemic, Italy extended the validity of residence permits that expired between January 31 and July 31 until August 31, 2020.

However, those who are currently abroad may have problems re-entering Italy without a valid visa/residence permit. Normally, the standard procedure would require one to apply for a “re-entry visa,” which allows a foreigner holding an expired permit (for which a renewal application has not been filed yet or in other circumstances) to fly back to Italy. However, the Ministry of Foreign Affairs has confirmed—by means of an internal communication—that it will not be necessary to apply for a re-entry visa.

Foreign citizens with expired permits will be allowed to travel back to Italy, but if they have problems with the re-entry procedures, they may contact the Italian consulate for assistance. For example, the Italian consulate in Canton has issued an alert inviting foreign nationals seeking to re-enter Italy to contact them for the issuance of a document confirming the extension of residence permits that can be used for traveling.

Details:

• City-by-city immigration processing times chart, https://www.mazzeschi.it/city-by-city-immigration-chart/
• Overview of the rules currently in place for traveling to Italy, https://www.mazzeschi.it/italy-navigating-covid-19-measures-and-travel-restrictions/
• COVID-19 Travel Regulations Map, https://www.iatatravelcentre.com/international-travel-document-news/1580226297.htm

Residence permit validity extension, https://www.mazzeschi.it/news/validity-of-residence-permits-permessi-di-soggiorno-extended-until-june-15-2020/

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6. RUSSIA

This article provides updates on Russian COVID-19 policies and procedures related to immigration.

Entry to Russia Open for Citizens of the United Kingdom (UK), Turkey, and Tanzania

Entry to Russia is now allowed for citizens of the following countries on the basis of all types of visas:

• United Kingdom (UK)
• Tanzania
• Turkey

Foreign citizens who have permanent residence permits in these countries can enter Russia as well. The Internal Affairs Ministry confirmed that they are issuing all types of invitation letters for citizens of the UK, Tanzania, and Turkey (or foreign nationals who have permanent residence in these countries) starting from August 3, 2020. Russian consulates confirmed that they have started issuing all types of visas on the basis of the invitations approved by the Internal Affairs Ministry.

It was not yet clear as of press time whether the Federal Security Service would allow foreigners from these countries to cross the border without being on the special approved lists issued by the Service.

Entry to the Russian Federation for citizens of the United Kingdom, Turkey, and Tanzania, as well as for foreign citizens who have a residence permit in these countries, is not possible from third countries.

Entry to Russia: 14-Day Quarantine or Testing Requirements

Beginning on July 15, 2020, foreign citizens and those crossing the Russian border on a regular flight, and entering Russia with any purpose except work, must present documentation of a negative COVID-19 test in Russian or English: (1) The document should confirm a negative result for laboratory analysis of COVID-19 infection by polymerase chain reaction (PCR). The test for infection should be done not earlier than three calendar days before entering Russia. (2) Or, instead of the PCR test, the traveler can submit a document confirming the existence of antibodies of immunoglobulin G (IgG). If the traveler does not have such a document, he or she must pass the test within three calendar days of entering Russia. In case of a positive result, a person will have to self-isolate with no contact (quarantine) until a negative test is received.

Similar requirements apply to Russian citizens.

The entry of foreign citizens is still limited, and only special categories of foreign citizens can enter. Issuance of invitation letters and visas has not yet returned to normal.

Persons (Russian citizens as well as foreigners) returning to Russia on flights organized by the Russian government must quarantine for 14 calendar days from the date of entry.

At the moment, legislation does not require such persons to pass a COVID-19 test or provide evidence of antibodies. However, since there are no precise and clear regulations on this and due to the broad availability of tests, some practitioners recommend taking the test.

Foreign citizens entering Russia with the purpose of work must quarantine for 14 calendar days from the date of entry to Russia regardless of whether they have a negative COVID-19 test or antibodies to the virus. It is recommended that employers arrange for testing of employees anyway.

The above applies not only to workers entering with newly issued work visas (or entering visa-free), but also to those returning with long-term visas issued earlier that are still valid.

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7. UNITED KINGDOM

The Home Office has published further details on the new post-Brexit immigration system. Also, there was an update on international travelers arriving in the United Kingdom (UK).

The Home Office recently published further details on the proposed new immigration system. The new system will start on January 1, 2021, immediately after the end of the Brexit transition period.

The consequences of the proposed changes will be huge, but the new statement does not add a great deal to what the Home Office has said before. The new immigration system will apply to both European Union (EU) citizens and non-EU citizens. The visa application process will be simpler for EU citizens because they will not be required to attend a biometric appointment to get a visa, but otherwise the rules will be the same for everyone.

Below are highlights:

• The main work visa will be the Skilled Worker visa, which is a revised version of the Tier 2 (General) visa.
• The skills threshold for a Skilled Worker visa will be lower than for a Tier 2 (General) visa. The boundary between the types of jobs that will and won’t qualify for a Skilled Worker visa appears arbitrary. Bricklayers, chefs, PAs, and au pairs will all qualify for a Skilled Worker visa. Scaffolders, cooks, legal secretaries, and care workers will not.
• The general salary threshold will be £25,600—down from £30,000 for a Tier 2 (General) visa. In most cases the employer will still have to pay the “going rate” for the job, which may be higher than the general salary threshold.
• The resident labour market test will be abolished.
• There will be no cap, so no need to apply for restricted certificates of sponsorship.
• The English language requirement will stay.
• There will be an intra-company transfer visa. The skills threshold and salary threshold for this visa will be the same as for the current Tier 2 (intra-company transfer) visa. The only people likely to use this type of visa are those who cannot pass an English language test.
• Government fees will be high. In most cases, the fees for a 5-year skilled worker visa will be around £10,000. For a family of four, the fees will be well over £20,000. There are reductions for small sponsors and jobs on the shortage occupation list.

Employers that will be recruiting staff from the EU next year will need to spend a lot more in visa fees. Those that do not already have a sponsor license should apply for one now.

Also, related to the COVID-19 pandemic, almost everyone now must provide their journey and contact details by filling in an online Public Health Passenger Locator Form before they travel to the UK. Most must quarantine (self-isolate) for 14 days after they arrive.

Details:

• Kingsley Napley updates, https://www.kingsleynapley.co.uk/insights/blogs/immigration-law-blog
• Q&A on visa application center reopenings, https://www.kingsleynapley.co.uk/insights/news/immigration-update-gradual-reopening-of-uk-visa-centres
• Public Health Passenger Locator Form, https://visas-immigration.service.gov.uk/public-health-passenger-locator-form
• Self-isolation instructions, https://www.gov.uk/government/publications/coronavirus-covid-19-how-to-self-isolate-when-you-travel-to-the-uk/coronavirus-covid-19-how-to-self-isolate-when-you-travel-to-the-uk
• New rules for travelers coming to the UK, https://www.kingsleynapley.co.uk/insights/news/immigration-update-international-travellers-arriving-in-the-uk-from-8-june-2020-have-to-self-isolate-for-14-days

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8. New Publications and Items of Interest

Mazzeschi Brexit HelpDesk. The Mazzeschi Brexit HelpDesk provides post-Brexit guidance and assistance for United Kingdom (UK) citizens moving to or living in Italy. Until December 31, 2020, UK citizens will be able to enjoy their EU free movement rights in all EU countries, and therefore can continue to live, work, and study in Italy as they did before January 31, 2020 (Transition Period). Italian law provides that British nationals, like any other EU nationals, who intend to stay in Italy for a period exceeding 3 months should register with the Anagrafe (Register Office) of the municipality where they live. The Brexit HelpDesk is open Monday to Friday from 9 am to 6 pm CEST at phone: +39 0577926921 or email: [email protected]. For more information, see https://www.mazzeschi.it/post-brexit-guide-for-uk-citizen-living-in-italy/.

Alliance of Business Immigration Lawyers: ·

The latest immigration news is at https://www.abil.com/news.cfm. ·

The latest published media releases include:

• ABIL Says Proposed Change to Public Charge Rule Would Exclude Immigrants from Government Programs: https://www.prweb.com/releases/abil_says_proposed_change_to_public_charge_rule_would_exclude_immigrants_from_government_programs/prweb15737932.htm
• New Data Show Increase in H-1B Denials and RFEs: https://www.prweb.com/releases/new_data_show_increase_in_h_1b_denials_and_rfes/prweb15673632.htm
• ABIL Urges Administration to Change “Buy American and Hire American” Executive Order: http://www.prweb.com/releases/2018/05/prweb15485457.htm
• ABIL Member Kuck Baxter Immigration Commercial Nominated for an Emmy: http://www.prweb.com/releases/2018/05/prweb15485460.htm

–   ABIL Members Note Immigration Threats for Employers in 2018: http://www.prweb.com/releases/2018/03/prweb15261255.htm

• ABIL is available on Twitter: @ABILImmigration.
• Recent ABIL member blogs are at http://www.abilblog.com/.

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9. ABIL Member / Firm News

Dagmar Butte (bio: https://www.abil.com/lawyers/lawyers-butte.cfm?c=US) was quoted by Forbes in “USCIS Disputes Improperly Denying 900 H-1B Visa Registrations.” She said, “I think USCIS needs to do a better job, given the lessons learned, to provide full transparency between what employers and representatives see and to identify common error triggers and warn of them more effectively. Employers don’t want to game the system and they should at least have the opportunity to fix errors that are baked into the limitations of the system. The Department of Labor has a system that flags these kinds of things to prevent employers from inadvertently doing something that will get the case denied. I think USCIS needs to fix or create warnings for when one of the events they outline is about to happen.” The article is at .

Foster, LLP, has published several new blog postings. “U.S. Immigration Considerations for COVID-19 Pandemic and CARES Act” is at https://www.fosterglobal.com/blog/us-immigration-considerations-for-covid-19-pandemic-and-cares-act/. “Four Tips to Secure an H-1B Approval” is at https://www.fosterglobal.com/blog/four-tips-to-secure-an-h-1b-approval/.

Foster, LLP, hosted a webinar, “Navigating COVID-19: Essential Immigration-Related Updates for Human Resources in a Telecommuting Environment” on April 9, 2020. For more information, see .

Jeff Joseph, of Joseph & Hall, P.C., was quoted by Law360 in “Orgs Say Gov’t Wrongly Denied Market Analysts H-1B Visas.” Commenting on a new nationwide class action lawsuit, MadKudu, Inc. v. USCIS, he said that USCIS’ decision-making, with respect to its pattern and practice of denying H-1B nonimmigrant employment-based petitions for market research analysts positions filed by businesses in the United States, is “nonsense” and disregards “substantial evidence that clearly establishes that market research analysts are a specialty occupation. Under USCIS’ twisted logic, my English literature degree rendered me uniquely unprepared to take on the professional specialty occupation of immigration lawyer.” The article is available by subscription at https://www.law360.com/articles/1264849. The complaint is at https://www.aila.org/infonet/complaint-filed-in-district-court-challenging.

H. Ronald Klasko (bio: https://www.abil.com/lawyers/lawyers-klasko.cfm) has authored a new blog posting. “Happy Ending to the Unlawful Presence Saga” is at .

Jordan Gonzalez, of Klasko Immigration Law Partners, LLC, has authored a new blog posting. “An Indian National’s Guide to Acquiring a Letter of No-Objection of the Two-Year Home Residence Requirement” is at .

Charles Kuck (bio: https://www.abil.com/lawyers/lawyers-kuck.cfm) was quoted by the Times of India in “U.S. Eases Ban on Foreigners Returning to Same Job Role.” Mr. Kuck said, “This is an extraordinary change in policy from the original [Presidential] Proclamations’ exceptions and is clearly meant to stop ongoing litigation against the Proclamations’ legality (which the government is going to lose). The provisions are broad enough, if well argued, to essentially incorporate any job in America.” The article is at .

Mr. Kuck was quoted by Bloomberg Law in “New Guidance Details Visa Ban’s National Interest Exceptions (1).” Mr. Kuck said that this proclamation is “basically a complete walk back of the prior exemptions and prohibitions” found in the original order. For example, the State Department’s definition of jobs that pertain to critical infrastructure industries in the new guidance is a major expansion of how it may have traditionally been defined, he said. Mr. Kuck has filed a friend of the court brief in the Gomez case challenging the ban. “The average person thinks a nuclear plant, but now it encompasses IT firms, communications, food and agriculture. I can’t think of a sector that’s not included” under the H-1B applicants’ exemptions, he said. Mr. Kuck predicted that many visa hopefuls stuck outside the United States will likely be able to prove they qualify for a national interest waiver to the ban. “It seems like most people stuck right now, who have been denied an exemption in the past, will easily qualify. It’s a complete walk back because they know they’re going to lose this litigation.” The article is at https://news.bloomberglaw.com/daily-labor-report/visa-ban-national-interest-exceptions-detailed-in-new-guidance.

Mr. Kuck was featured on Univision’s Conexion show discussing, “What is the Impact of Trump’s Executive Order Limiting Legal Immigration?” The video is at https://www.youtube.com/watch?v=-CwHxutj9JI.

Mr. Kuck was quoted by the Times of India in “Class Action Lawsuit Against H-1B Denials for Market Research Analysts Gathers Steam.” Mr. Kuck said, “USCIS does not like being sued. The class action lawsuit actually resulted in USCIS re-opening and approving the plaintiff’s H-1B applications for market research analysts. We would love for more employers and employees to join our suit—there is no cost in doing so.” The article is at .

Mr. Kuck served as one of the plaintiffs’ attorneys in MadKudu, Inc., v. USCIS. A related press release is at https://www.aila.org/advo-media/press-releases/2020/class-action-lawsuit-seeks-to-challenge-uscis. The complaint is at https://www.aila.org/infonet/complaint-filed-in-district-court-challenging.

Mr. Kuck was quoted by the Atlanta Journal-Constitution in “Doctors, Humanitarian Workers Rushing to Help as Virus Spreads.” Mr. Kuck noted the impact on immigrant families of the COVID-19 crisis. “If they are afraid to get tested and it starts running rampant in their communities, it is only going to make it worse for us. It is not going to stay isolated in one place,” he said. See https://www.ajc.com/news/breaking-news/immigrants-refugees-georgia-vulnerable-amid-coronavirus-pandemic/pJJFmzOZzyiUTJRyiEBzoM/

Mr. Kuck was quoted by Breitbart in “Report: India’s H-1B Companies Ask Labor Department to Let Foreign Workers Stay Amid Crash.” Among other things, he said, “Our H-1B system simply does not contemplate this [mass shutdown] scenario that is happening right now.” The article is at https://www.breitbart.com/politics/2020/04/03/indias-h-1b-companies-ask-labor-department-to-let-foreign-workers-stay-amid-crash/.

Mr. Kuck participated in Georgia Public Broadcasting’s “Political Rewind” to talk about immigrants in detention and how they are being affected by the pandemic, along with other topics. See https://www.gpbnews.org/post/political-rewind-jails-risk-becoming-georgias-next-hotspot.

Mr. Kuck‘s latest Immigration Hour podcast, “COVID-19 and USCIS, ICE, and EOIR – How to NOT Respond to a Crisis,” is at https://soundcloud.com/user-474250731/covid-19-and-uscis-ice-and-eoir-how-to-not-respond-to-a-crisis.

Mr. Kuck published a new blog posting. “Employment, Furlough, and Termination Options for Employers and Their Nonimmigrant Workers (H-1B, L-1, E-2, TN, O-1, and F-1 OPT)” is at .

Robert Loughran (bio: https://www.abil.com/lawyers/lawyers-loughran.cfm) was interviewed on Austin ABC affiliate KVUE on April 25, 2020, regarding the impact of President Trump’s Proclamation Suspending Entry of Immigrants. The video is at https://www.kvue.com/article/news/politics/austin-immigration-lawyer-presidents-trump-executive-order-immigration/269-096a3083-1b27-42ef-b2a2-dece603e956b.

Mr. Loughran presented a webinar, “Practicing Through Pandemic,” regarding adapting the practice of law in the midst of COVID-19. The webinar was hosted by the American Immigration Lawyers Association’s Texas Chapter and the San Antonio Bar Association’s Texas Chapter on April 3, 2020. For more information, see https://zoom.us/meeting/register/u5wvdOugrTssIi2JLhrdc_IXuKEV_xXZ6Q.

Cyrus Mehta (bio: https://www.abil.com/lawyers/lawyers-mehta.cfm) has authored or co-authored several new blog postings. “The Beneficial Impact of the Supreme Court’s Decision in Kisor v. Wilkie on H-1B Denials” is at http://blog.cyrusmehta.com/2020/05/the-beneficial-impact-of-the-supreme-courts-decision-in-kisor-v-wilkie-on-h-1b-denials.html. “The Differing Impact of Foreign Entity Changes on an L-1 Extension and EB-1C Petition” is at http://blog.cyrusmehta.com/2020/05/the-differing-impact-of-foreign-entity-changes-on-an-l-1-extension-and-eb-1c-petition.html. “FAQ Relating to Skilled Workers in the Green Card Backlogs During COVID-19” is at . “Changes in Salary and Other Working Conditions for Nonimmigrant Workers in L-1, O, TN, E and F-1 Status Due to COVID-19” is at https://bit.ly/35LofcC. “Building the Legal Case to Challenge Trump’s Immigration Ban” is at http://blog.cyrusmehta.com/2020/04/building-the-legal-case-to-challenge-trumps-immigration-ban.html.

Cyrus Mehta (bio: https://www.abil.com/lawyers/lawyers-mehta.cfm) was quoted in several media outlets regarding exceptions to the Trump administration’s work visa ban:

• “New State Dept. H-1B Visa Guidance Won’t Stop Immigration Lawsuits,” Forbes, https://bit.ly/3iJPERz. Mr. Mehta said, “The State Department issued these broad exceptions to the proclamation to stave off the lawsuits, but they must continue with equal vigor as the exceptions are tantamount to a rewrite of the INA [Immigration and Nationality Act] in violation of the APA [Administrative Procedure Act].”
• “The Trump Administration Has Made Exceptions to Work Visa Bans—But Conditions Apply,” Yahoo, https://finance.yahoo.com/news/trump-administration-made-exceptions-visa-105750618.html (same quote as above).
• “U.S. Eases Ban on Foreigners Returning to Same Job Role,” Times of India, . Mr. Mehta said, “The beneficiary of an approved H-1B or L-1 petition must now meet a new super standard under the national interest exception, which [is] not part of the [INA], and be subject to the whim and caprice of the consular official, who would have the final say in approving or denying the request. There will also be no right to appeal if the national interest exception is denied.” He added that the ban “is unlawful and the subject of several meritorious lawsuits. The Trump administration carved out these exceptions to stave off the lawsuits, but they must continue with equal vigor and the administration should not be allowed to get away with the ban.”
• “Access Denied: COVID-19 the Perfect Opportunity for Trump to Push His Anti-Immigration Agenda,” The Week, https://www.theweek.in/theweek/more/2020/08/13/access-denied.html. Among other things, Mr. Mehta commented that federal courts “have reversed arbitrary H-1B denials. One court also held that the policy of requiring extensive documentation with third-party clients was unlawful. This should improve the prospects of H-1B requests filed on behalf of IT professionals from India who are assigned to their party client sites.”

Mr. Mehta spoke on “Ethics and Immigration: Spotlight on Select Rules and Client Representation During COVID-19” on May 18, 2020. He presented a briefing on fundamental ethical rules, how they pertain to immigration practice, and considerations when ethical issues arise in the context of the COVID-19 pandemic. Mr. Mehta addressed the four C’s of professional conduct rules: competence, communications, confidentiality, and conflicts, as well as other key rules requiring attention by lawyers during the pandemic. For more information or to order, see https://www.pli.edu/programs/ethics-and-immigration-spotlight-on-select-rules-and-client-representation-during-covid-19.

Mr. Mehta published an article on LinkedIn shortly after President Trump issued a proclamation banning permanent immigration to the United States for 60 days with possible extensions, with some exceptions. The article, “Trump Cannot Be Allowed to Rewrite Immigration Laws Based on Whim and Caprice,” is at https://www.linkedin.com/pulse/trump-cannot-allowed-rewrite-immigration-laws-based-whim-cyrus-mehta/.

Mr. Mehta was quoted in the following publications on President Trump’s order:

• Law360, “Can Trump End Immigration? Wording Matters, Scholars Say,” https://www.law360.com/articles/1265963/can-trump-end-immigration-wording-matters-scholars-say
• Economic Times, “Trump’s Plan to Suspend Immigration Would Affect Indians Waiting to Migrate to U.S.,” https://economictimes.indiatimes.com/nri/nris-in-news/trumps-plan-to-suspend-immigration-would-affect-indians-waiting-to-migrate-to-us/articleshow/75272497.cms
• Times of India, “If U.S. Immigration is Temporarily Suspended, Legal Experts Foresee a Plethora of Lawsuit[s],” https://timesofindia.indiatimes.com/world/us/if-us-immigration-is-temporarily-suspended-legal-experts-foresee-a-plethora-of-lawsuit/articleshow/75266086.cms
• India Times, “Trump Stops Green Cards for 60 Days Overseas. H-1B Visa Could Be Next,” https://www.newsindiatimes.com/trump-stops-green-cards-for-60-days-overseas-h-1b-visa-could-be-next/
• Business Insider, “Trump’s Executive Order Suspending Entry of Immigrants is ‘Drastic and Damaging,’ Says U.S. Immigration Attorney,” https://www.businessinsider.in/international/news/trumps-executive-order-suspending-entry-of-immigrants-is-drastic-and-damaging-says-us-immigration-attorney/articleshow/75310925.cms
• South Asian Times, “Trump’s Immigration Ban Not Affecting H-1B Visa,” https://thesouthasiantimes.info/vol-12-issue-51/ (see the next page of the e newspaper)

Mr. Mehta‘s posting was quoted by Breitbart in “Report: India’s H-1B Companies Ask Labor Department to Let Foreign Workers Stay Amid Crash.” He said, “If an employee works from a home which is within commuting distance of the workplace, then there is no need to file an amendment.” But, he added, “if an employee works from a home which is NOT within commuting distance from the workplace, the employer should obtain a new LCA for that location and file an H-1B amendment.” The article is at https://www.breitbart.com/politics/2020/04/03/indias-h-1b-companies-ask-labor-department-to-let-foreign-workers-stay-amid-crash/.

Mr. Mehta was quoted by India-West in “In Fresh Blow to Business Immigration, Trump Bans Federal Agencies from Hiring H-1B Workers.” Mr. Mehta said the Trump order was largely ceremonial: “This executive order does not say or do much damage to the H-1B visa program, which already has built-in protections in the law and regulations.” The article is at https://bit.ly/2XFkF0W.

David Isaacson, of Cyrus D. Mehta & Partners, PLLC, has authored a new blog posting. “Implementation of Safe Third Country Agreement Held to Violate Canadian Charter of Rights and Freedoms—So Why Will Prior U.S. Asylum Claimants Be Denied a Hearing at the Refugee Protection Division in Canada Even After This Takes Effect?” is at https://bit.ly/2Dp3YA9.

Mr. Mehta and Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) were quoted by the Times of India in “Medical Insurance a Burden for Laid-Off H-1B Workers.” Among other things, Mr. Mehta said, “Employer plans are generally of a higher quality, and employers are able to purchase these higher quality plans at a discounted group rate from the insurance company. In most cases, the employer pays most of the premium and the employee pays a smaller percentage. When the employee is terminated, the employee pays the whole cost of the insurance [under COBRA] and the employer generally does not pay.” Mr. Yale-Loehr said that many laid-off H-1B workers do not know about COBRA benefits or may be afraid to ask. “They should consult an experienced insurance agent to understand their rights. And many employers may not realize they need to provide COBRA continuation coverage to a terminated H-1B worker,” he noted. The article is at https://bit.ly/2XhFQFe.

David Isaacson, of Cyrus D. Mehta & Partners PLLC, has authored a new blog posting. “My Comment on the Proposed Affidavit of Support Revisions: Do You Have One Too?” is at http://blog.cyrusmehta.com/2020/04/my-comment-on-proposed-affidavit-of-support-revisions-do-you-have-one-too.html.

Cora-Ann Pestaina, of Cyrus D. Mehta & Partners PLLC, has authored a new blog posting. “LCA Posting Requirements at Home During the COVID-19 Pandemic: Do I Post on the Refrigerator or Bathroom Mirror?” is at https://bit.ly/34yaHkb.

Angelo Paparelli (bio: https://www.abil.com/lawyers/lawyers-paparelli.cfm) and partner Leon Rodriguez filed friend-of-the-court briefs on behalf o the Society for Human Resources Management (SHRM), the Alliance for International Exchange, and more than 100 co-amici consisting of sponsors, employers, and hosts participating in the J-1 exchange visitor visa program. The cases are Gomez v. Trump and National Association of Manufacturers, et al. v. Wolf. The SHRM press statement, which includes links to both filings, is at https://shrm.org/about-shrm/press-room/press-releases/Pages/SHRM-Leads-Amicus-Brief-in-Support-of-J-1-Visa-Visitor-Exchange-Programs.aspx.

Mr. Paparelli co-authored a new legal update. “Another Day, Another Immigration Executive Order: Now Federal Contractors are Targeted” is at https://www.seyfarth.com/news-insights/another-day-another-immigration-executive-order-now-federal-contractors-are-targeted.html.

Mr. Paparelli authored a new blog posting. “No Whine Before Its Time: USCIS Recognizes Immigration Successorship in Interest for Multinational Executives and Managers” is at https://bit.ly/3bHkkPw. Mr. Paparelli authored an op-ed published by Bloomberg Law on how immigrants can help us attack COVID-19 and revive the economy. “Insight: Legal Immigration Can Help Revive the Economy—If We Let It” is at https://news.bloomberglaw.com/us-law-week/insight-legal-immigration-can-help-revive-the-economy-if-we-let-it. Mr. Paparelli was quoted by Law360 in “Shielded From Green Card Ban, EB-5 Investors Still At Risk.” The article discusses the risks to those who invested in projects that are under construction and are halted due to the COVID-19 pandemic. Those with pending EB-5 petitions must alert USCIS of any significant changes to the project during the estimated two-year processing time. An investor may be required to file a new petition if the changes are significant enough, causing the applicant to lose their spot in line for a green card, sometimes for years. “This throws the EB-5 program into absolute turmoil and ambiguity,” Mr. Paparelli said. The article is at https://www.law360.com/construction/articles/1269542/shielded-from-green-card-ban-eb-5-investors-still-at-risk. Mr. Paparelli, partner at Seyfarth Shaw LLP, and William Stock (bio: https://www.abil.com/lawyers/lawyers-stock.cfm?c=US), partner at Klasko Immigration Law Partners LLP, were quoted by Law360 in “Axed H-1B Work Visa Policies May Not Be Gone For Good.” Mr. Paparelli noted that USCIS will not stop trying to issue rule changes through policy memoranda unless it is forced to do so. “So what are the levers of pressure that can be placed on them? Congress, money or politics,” he said. Mr. Stock said that many of the immigration guidance memos the Trump administration has issued have gone too far and tried to change regulations without rulemaking. “This administration certainly has seemed to care less than other administrations have about whether the guidance they are promulgating would be inconsistent with the regulations,” he said. The article is available by registering at https://www.law360.com/articles/1276864/axed-h-1b-work-visa-policies-may-not-be-gone-for-good. Pearl Immigration has posted a summary of information on U.S. consulate closures around the world and related information due to the COVID-19 pandemic. The summary is at https://www.immigrationlaw.com/u-s-consulate-closures-due-to-covid-19/.

Siskind Susser PC has posted a new Siskind Summary. “S. 386—The Fairness for High-Skilled Immigrants Act of 2020 (as of 8/5/2020)” is at https://www.visalaw.com/siskind-summary-s-386-fairness-high-skilled-immigrants-act-2020-852020/.

Wolfsdorf Rosenthal LLP has published several new blog postings. “Court Extends Temporary Restraining Order in Case Challenging EAD Delays”; “Who Can File a Form I-485 Adjustment of Status in the U.S. Under EB-5?”; “DOL, DHS Enter Memorandum of Agreement to Share Info on Foreign Workers for Enforcement Purposes”; and “U.S. State Department Explains Exceptions to H-1B, H-2B, J-1, L-1A, and L-1B Labor Market Ban”; and “SEVP Modifies Temporary Exemptions for Nonimmigrant Students Taking Online Courses During Fall 2020 Semester” are available at https://wolfsdorf.com/blog/.

Mr. Yale-Loehr co-authored a new report, “Recruiting for the Future: A Realistic Road to a Points-Tested Visa Program in the U.S.” Links to the report and a related slide deck are available at https://www.lawschool.cornell.edu/MigrationandHumanRightsProgram/Recruiting-for-the-Future.cfm. The report (https://www.lawschool.cornell.edu/information-technology/upload/Immigration-Points.pdf), was discussed in several news outlets:·         “Skilled Immigration is Just What We Need to Recover Our Economy, ” op-ed by Mr. Yale-Loehr and Mackenzie Eason, The Hill, https://thehill.com/opinion/immigration/509365-skilled-immigration-is-just-what-we-need-to-recover-our-economy ·         “Law Scholars’ Proposal Boosts Skilled Immigration, Economy, ” Cornell Chronicle, https://news.cornell.edu/stories/2020/07/law-scholars-proposal-boosts-skilled-immigration-economy·         “A Blueprint for Reforming Skilled Immigration in the U.S., ” Charles Koch Foundation, https://www.charleskochfoundation.org/story/blueprint-reforming-skilled-immigration-in-the-u-s/

·         “¿Está preparado EEUU para una reforma migratoria por méritos? Estudio recomienda hacer primero una prueba,” Univision, https://www.univision.com/noticias/inmigracion/esta-preparado-eeuu-para-una-reforma-migratoria-por-meritos-estudio-recomienda-hacer-primero-una-prueba

·         “Qué tipo de inmigrantes podrían aprobar los requisitos de la reforma ‘por méritos’ de Trump,” El Diario, https://eldiariony.com/2020/08/02/que-tipo-de-inmigrantes-podrian-aprobar-los-requisitos-de-la-reforma-por-meritos-de-trump/

Mr. Yale-Loehr was quoted by Univision in “¿Se pueden limpiar los antecedentes migratorios? Respondemos tus preguntas de inmigración” (English translation: “Can Immigration Records Be Cleared? We Answer Your Immigration Questions.” Although the federal government has the right to deport people with legitimate final or absent deportation orders, some “may be subject to challenge. Immigrants have rights,” he said. For example, he explained, “Given inefficiencies in the immigration court system, many people may have received a deportation order illegally because ICE did not have their correct address to notify them of their date in immigration court.” In such cases, he noted, “affected individuals may have the right to reopen their immigration case.” If this is your case, Mr. Yale-Loehr recommended, “find a lawyer now.” The article is at https://bit.ly/31Af7Ga. Mr. Yale-Loehr was quoted by the Times of India in “Nasscom Says Trump Move on Federal Contracts Misguided.” He said the latest executive order seems innocuous, but that “as we have seen with prior executive orders, this may be the starting point to increase H-1B enforcement generally. Moreover, even if the review doesn’t do much, it is good publicity for Trump to appear to support American workers as part of his re-election campaign.” The article is at . Mr. Yale-Loehr was quoted by Inside Higher Ed in “Trump Administration Reportedly Considers Restrictions on Foreign Student Work Program.” Mr. Yale-Loehr noted that the Trump administration could take a number of actions in relation to Optional Practical Training (OPT). He said that he thinks President Trump is likely to instruct the Department of Homeland Security “to start rulemaking, because I think he’s getting a lot of pushback from companies that rely on OPT. A proposed rule would give him political cover while not actually suspending the OPT program.” The article is at https://bit.ly/2MaCYVE. Mr. Yale-Loehr was quoted by Univision in “Corte de apelaciones falla en contra de una medida de Trump que prohíbe la entrada de migrantes sin seguro médico.” The article discusses an appeals court ruling against a Trump administration measure prohibiting the entry of uninsured migrants. If effective, “the new temporarily suspended rule would affect more than half of all immigrants. The 2-1 decision … confirmed the temporary suspension decision issued in November,” he said. He further noted that the majority opinion of the 9^th Circuit panel of judges maintains that “the lower court adequately determined that the plaintiffs would suffer irreparable harm in the form of a long separation from their loved ones abroad. The majority also noted that the President does not have unlimited power to deny immigrant visas based on purely domestic concerns.” The article (in Spanish) is at https://bit.ly/3blFD94. Mr. Yale-Loehr co-authored “Challenging H-1B Denials in Federal Courts: Trends and Strategies” (Apr. 27, 2020), which includes details on Miller Mayer research into recent H-1B cases, summaries of recent cases, and strategies and takeaways for employers to use in future lawsuits, https://millermayer.com/2020/challenging-h-1b-denials-in-federal-courts-trends-and-strategies/Mr. Yale-Loehr was quoted by Univision in “Demanda contra el gobierno por negar ayuda a matrimonios mixtos revive el temor al uso de datos privados.” The article (in Spanish) discusses a lawsuit challenging the exclusion of certain immigrants from receiving coronavirus stimulus checks. Mr. Yale-Loehr noted that the legal precedent in this case could be in favor of the government. “I wish MALDEF the best, but I fear that they may lose their case,” he said. “In Mathews v. Díaz, 426 US 67 (1976), the Supreme Court held that “Congress regularly establishes rules regarding foreigners that may be unacceptable if applied to citizens” (426 US at 80) and that “there is no constitutional duty to provide all foreign citizens with the same benefits provided to citizens,” he added. “The Court held that such disparate treatment by Congress regularly does not necessarily imply harmful discrimination,” he said. The article is at https://www.univision.com/noticias/inmigracion/demanda-contra-el-gobierno-por-negar-ayuda-a-matrimonios-mixtos-revive-el-temor-al-uso-de-datos-privados.  Mr. Yale-Loehr was quoted by the Toronto Globe and Mail in “Trump Freezes Some Immigration to U.S., May Stop Temporary Work Permits, Citing Coronavirus.” Mr. Yale-Loehr said, “First, if the purpose of the proclamation is to protect against the coronavirus, it makes no sense to temporarily suspend entry of people applying for green visas but not those coming temporarily to the United States. Second, if the purpose is to protect U.S. workers, it also makes no sense to exclude temporary foreign workers from the proclamation.” The article is at https://www.theglobeandmail.com/world/us-politics/article-trump-freezes-some-immigration-to-us-may-stop-temporary-work/. Mr. Yale-Loehr was quoted by Huffington Post in “Trump Signs Order Suspending Some Immigration During Coronavirus Pandemic.” He said before the order was released that an order to ban all immigration to the United States would be “outrageous and likely unconstitutional,” noting that the United States has “never done that before, even during world wars.” The article is at https://www.huffpost.com/entry/trump-executive-order-immigration-coronavirus_n_5e9f3bf1c5b6a486d08048b5?guccounter=1. Mr. Yale-Loehr was quoted by China Daily in “U.S. Immigration Suspension Draws Criticism.” He said, “If the executive order (had) suspended all immigration to the United States, it would surely be challenged as unconstitutional.” The article is at http://global.chinadaily.com.cn/a/202004/23/WS5ea0cea1a3105d50a3d18214.html. Mr. Yale-Loehr was interviewed on The Take, a podcast from Al Jazeera, about the history of the Deferred Action for Childhood Arrivals program and how the Supreme Court might rule in a few weeks. The podcast, “When ‘Dreamers’ Self-Deport,” is at https://www.aljazeera.com/podcasts/thetake/2020/05/dreamers-deport-200522152026157.html. Mr. Yale-Loehr was quoted by Law360 in “Can Trump End Immigration? Wording Matters, Scholars Say.” He noted that if the order targeted anyone already in the United States, it would also raised constitutional concerns. The article is at https://www.law360.com/immigration/articles/1265963. Mr. Yale-Loehr was also quoted by several other publications on the same topic:·         Financial Times, “Donald Trump Suspends Key Routes to U.S. Immigration for 60 Days,” https://www.ft.com/content/7060ba17-03b5-48d6-94d1-37c6d99c5f0a (available by subscription only)·         Express (UK), “Trump ‘Pauses Immigration’ to Put Americans First in Line for Jobs After COVID-19 Lockdown,” https://www.express.co.uk/news/world/1272096/donald-trump-immigration-ban-US-coronavirus-job-market-employment-death-toll-latest ·         AZ Central, “Trump Wants to Shut Down Immigration to Slow the Coronavirus and Protect American Jobs. Here’s How That Could Backfire,” https://www.azcentral.com/story/news/politics/immigration/2020/04/21/trumps-immigration-shutdown-plan-could-backfire-coronavirus-covid-19/3000121001/·         Vox, “Trump’s Executive Order to Stop Issuing Green Cards Temporarily, Explained,” https://www.vox.com/policy-and-politics/2020/4/21/21229286/trump-immigration-ban-executive-order-coronavirus ·         Univision, “Esto es lo que se sabe hasta ahora de la orden de Trump de suspender la inmigración a EEUU,” https://www.univision.com/noticias/inmigracion/esto-es-lo-que-se-sabe-hasta-ahora-de-la-orden-de-trump-de-suspender-la-inmigracion-a-eeuu Mr. Yale-Loehr of Miller Mayer LLP; Cornell Law School, together with additional Cornell departments; and Catholic Charities of Tompkins/Tioga Counties, presented a webinar on new changes to immigrants’ access to public benefits and the impact of COVID-19 care on the public charge analysis. The webinar, “Immigrants, Public Benefits, and COVID-19,” was held April 13, 2020. For more information or to download the slide deck and handouts, see https://cornell.app.box.com/folder/109666262652.

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In this issue:

1. IMMIGRATION AND TRAVEL-RELATED IMPLICATIONS OF THE CORONAVIRUS PANDEMIC: AN OVERVIEW – This article provides an overview of policies and procedures related to the novel coronavirus/COVID-19 outbreak in various countries, as of late March. The situation is rapidly evolving day by day, so readers are advised to check reliable sources frequently for updates.

2. CANADA – The Québec immigration department is closing a month-long consultation period with stakeholders on four questions intended to revamp a fast-track immigration stream leading to permanent residence in Canada for francophone foreigners living in Québec.

3. COLOMBIA – Several updates have been announced with respect to reform of entry permits, investing in Colombia, and a new special permit for Venezuelans.

4. SCHENGEN AREA – A new Schengen code regulation came into force.

5. UNITED KINGDOM – There have been changes in the Immigration Health Surcharge fee and in the minimum Tier 2 salary for Indefinite Leave to Remain applications.

6. New Publications and Items of Interest – New Publications and Items of Interest

7. ABIL Member / Firm News – ABIL Member / Firm News

Download:

ABIL Global Immigration Update – April 2020

1. IMMIGRATION AND TRAVEL-RELATED IMPLICATIONS OF THE CORONAVIRUS PANDEMIC: AN OVERVIEW

This article provides an overview of policies and procedures related to the novel coronavirus/COVID-19 outbreak in various countries, as of late March. The article includes brief updates on European Union Member States and the U.S. borders with Canada and Mexico, followed by country-by-country summaries. The situation is rapidly evolving day by day, and many countries are escalating restrictions on travel, borders, airports, and ports. Before traveling, check with the country of destination and the airline about what measures are being enforced.

European Union Member States

EU Member States have implemented various measures and restrictions for coping with the coronavirus crisis. A link to each country’s website with travel advice and indications, as of March 18, 2020, is at https://www.mazzeschi.it/mazzeschi-asiadesk/wp-content/uploads/2020/03/travel-advice-list.pdf. See also https://ec.europa.eu/transparency/regdoc/rep/1/2020/EN/COM-2020-115-F1-EN-MAIN-PART-1.PDF

U.S. Borders with Canada, Mexico

President Trump and Canadian Prime Minister Justin Trudeau agreed to close the U.S.-Canada border as of March 18, 2020, to “non-essential traffic,” such as recreation and tourism, for an indefinite period. President Trump tweeted that “[t]rade will not be affected,” and workers who live on one side and work on the other are expected to continue traveling across the border for work. Similarly, the United States and Mexico are limiting nonessential travel across the border, with exceptions.

More information:

• Washington Post, “Trump, Trudeau Agree to Close U.S.-Canada Border to ‘Nonessential’ Traffic,” https://www.washingtonpost.com/world/the_americas/trump-trudeau-us-canada-border-coronavirus/2020/03/18/90a27da8-6924-11ea-b199-3a9799c54512_story.html
• The Guardian, “Trump Announces U.S.-Canada Border Traffic Closed to ‘Nonessential’ Traffic,” https://www.theguardian.com/us-news/2020/mar/18/us-canada-border-closed-non-essential-traffic
• Washington Post, “Americans, Canadians Scramble to Get Home Before Border Largely Shuts Down,” https://www.washingtonpost.com/world/the_americas/americans-canadians-scramble-to-get-home-before-border-largely-shuts-down/2020/03/20/bd997a20-6a4e-11ea-b199-3a9799c54512_story.html
• S.-Mexico border restriction notice, https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-06253.pdf
• Al Jazeera, “U.S. Border Closings,” video news report, https://www.youtube.com/watch?v=qdv8ga_lP48

Country-by-Country Summaries

Canada

The Canadian government, in line with its “speed over perfection” approach, adjusts and revises travel policies on a daily basis. The situation remains fluid. with many moving parts. Note that all individuals returning to Canada must self-isolate for 14 days, regardless of citizenship.

The following is effective as of Friday, March 27, 2020:

It is still unclear at the moment how and if visa-exempt workers, who would normally apply for their work permits directly upon arrival, will be allowed to travel to Canada. The situation for pre-approved individuals and those holding valid documents has been clarified:

• Students who have valid study permits or an IRCC pre-approval letter (“letter of introduction”) dated March 18, 2020, or before, may travel to Canada by land or air.
• Workers with valid work permits or pre-approval letters from IRCC (“letter of introduction”) may travel to Canada, regardless of industry.
• New workers who will be employed in critical industries such as agriculture, food processing, health, transportation and emergency services may also travel to Canada.
• Individuals whose permanent residence has been approved and who hold a Confirmation of Permanent Residence (COPR) issued on or before March 18, 2020, may also travel to Canada in order to activate their permanent residence. They must show the COPR upon boarding the plane.
• Transit through Canadian airports is still allowed, provided the individual is not seeking to be admitted to Canada.
• Canadian citizens with dual or multiple citizenship may exceptionally travel back to Canada on their foreign passports, provided they obtained an email from IRCC granting them special authorization.
• Anyone, regardless of citizenship, returning from abroad must self-isolate for 14 days. Canadians being repatriated and landing at one of the four airports receiving international flights (Montreal, Toronto, Calgary and Vancouver) and who need to take a domestic connecting flight will be quarantined at one of the airport hotels for 14 days, before being allowed to embark on a plane to their final Canadian destinations. Accommodation and food will be provided by the government.
• Severe penalties such as fines and prison sentences have been established under the Quarantine Act for anyone violating it. Foreign workers, students, and permanent residents could become criminally inadmissible if convicted of one of the more severe offenses under the Quarantine Act.

Immigration-related services in Canada are provided by various provincial and federal administrations, such as Service Canada; Immigration, Refugees and Citizenship Canada (IRCC); and provincial governments such as the Québec Ministry of Immigration. As companies were forced this week to transition to remote work and only “essential” services were allowed to stay open, all government offices have had to adjust quickly to allow their personnel to work remotely. Depending on the administration, some immigration processes still rely heavily on paper-based submissions.

So far, the following adjustments have been announced:

IRCC:

• Permanent Residence and Citizenship applications can still be sent in hardcopy to IRCC, as their processing center in Sydney remains open.
• Hardcopy submissions for visitor records, study permits, and work permits are discouraged and should be done online.

Service Canada:

• Most agents are working remotely.
• Service Canada will allow employers increased flexibility in reporting changes to working conditions (e.g., wage fluctuation, temporary layoffs).
• Submissions for Labour Market Impact Assessments (LMIA) can now be submitted by email, in addition to fax.
• 12- and 24-month reviews for Labour Market Benefit Plans are suspended.
• On-site compliance inspections are suspended.

Québec Ministry of Immigration (MIFI):

• 95% of their personnel works remotely.
• MIFI is expected to announce measures to streamline their operations regarding paper submissions soon.

Anticipated Developments

Clarification is awaited on the following elements:

• Will IRCC emulate France, Australia, and New Zealand’s initiative and automatically extend status documents by 3-6 months?
• Will MIFI allow electronic signatures and electronic submission of applications?
• Service Canada is discussing labor mobility for in-Canada workers on closed work permits. Will workers be allowed to move and/or change employers more easily?
• Will Service Canada ease recruitment requirements for LMIAs?

The following was effective as of Friday, March 20, 2020:

U.S.-Canada Land Border

• All “non-essential” travel across the land border is prohibited. This includes, among others not yet defined, travel for tourism and recreation.
• Exceptions exist for supply-chain workers to guarantee continued supply of goods, fuel, and medication in Canada and the United States, as well as for travel for essential work.
• In the latest announcements, it was confirmed that individuals with valid work permits and study permits may also travel back to Canada.
• No “flagpoling” for any visitor, foreign worker, or foreign student already in Canada. They must apply online to extend or modify their status.
• This measure does not include or apply to returning Canadian citizens, permanent residents (PR), and First Nations, including their non-Canadian/non-PR/non-First Nations family members. Family members include spouses and common-law partners, as well as dependent children and their dependent children.

Air Travel to Canada

Airlines must deny boarding to certain travelers. The following is a summary:

• All symptomatic persons, regardless of citizenship, and any foreign visitor traveling for non-essential purposes, will be denied boarding on airlines.
• The following groups of people will be allowed to board, along with their family members (see definition above): Canadian citizens, Canadian permanent residents, First Nations, and Members of the Canadian Forces, provided they are asymptomatic.
• Also allowed to travel by plane: flight crew members, diplomats, Canadian forces on official travel, and persons specifically authorized by Canadian consular officers, the Minister of Health, the Minister of Foreign Affairs, the Minister of Citizenship and Immigration, the Minister of Public Safety, and the Chief Public Health Officer.
• Valid work and study permit holders are also allowed to board a flight to Canada, subject to whether they are asymptomatic.
• It is unclear whether individuals who have not yet activated their work or study permits will be allowed to board. It is likely that airlines will not allow boarding to avoid noncompliance with Canadian regulations and potential fines.
• Travel by plane for essential work in Canada is also allowed, but it is recommended to heavily document the necessity to travel, as airlines may be reluctant to allow boarding in practice.

Immigration attorneys recommend that temporary workers and students whose status expires in the next 6 months may wish to submit an application for renewal online, and remain in Canada for the foreseeable future and avoid all travel abroad, as they may face complications when re-entering Canada.

Colombia

Colombia is restricting entry by all passengers who are not Colombian residents or citizens. Colombian citizens and foreign residents who arrive must perform an obligatory 14-day period of self-isolation after arriving in Colombia.

Additional developments include:

• Maritime, land, and river borders are closed until May 30, 2020.
• Visa applications will not be processed at Colombian consulates.
• President Duque has declared a National Emergency. Anyone age 70 or older must self-isolate until May 30, 2020. The order allows senior citizens to leave their homes for essential errands in supermarkets, banks, and pharmacies.
• Airports are closed to international traffic. Flights are still leaving Colombia, but disruptions and cancellations are highly likely.
• The Colombian government published a further decree putting the entire country on lockdown. The nationwide quarantine aims to “flatten the curve” of the expansion of COVID-19 among the population, especially the most vulnerable.
• The Ministry of Foreign Affairs will accept visa applications for processing and electronic approval but will not make visa stamps in the passport.
• Migración Colombia will suspend the deadlines for canceling special stay permits (PEP), and the expiry of the authorized stay for holders of entry and stay permits for “other activities” (POA), other than for Shore Pass and maritime or river crew. Likewise, the immigration authority may abstain from initiating administrative action or grant an opportunity for amendment under preventive isolation measures for those cases in which visa registration and the issuance of a foreigner’s ID card (cédula de extranjería) is required.

There have been 608 confirmed cases of the novel coronavirus in Colombia as of March 28, 2020.

France

The Ministry of Interior announced a three-month validity extension of residence permit documents expiring between March 16 and May 15, 2020, including long-stay visas, residence permits, provisional residence permits, asylum application certificates, and receipts for residence permit applications. This measure applies only on national territory. It is recommended that those with expired residence permits not leave France.

The borders of the Schengen Area remain closed during the 30-day period that began March 17, 2020. Non-European nationals will not be able to enter during this time. See https://www.karlwaheed.fr/wp-content/uploads/2020/03/client_alert_26032020_v1.pdf

Hong Kong

As the impact of the COVID-19 outbreak continues to expand across the globe, international immigration lawyers find themselves in various stages of the crisis management lifecycle, having to advise clients and companies with business travel and immigration needs.

This short update summarizes some of the special directives of the Hong Kong government to contain the spread of the virus and the impact on immigration law practitioners.

Hong Kong is requiring compulsory quarantine for 14 days for all persons, regardless of nationality, entering from all jurisdictions except for Macau, Taiwan, and mainland China. After the 14 days of home quarantine, those persons will be subject to another 2 weeks of medical surveillance.

In addition, the government has closed all but three border checkpoints:  the airport, the Shenzhen Bay Bridge, and the Hong Kong-Zhuhai-Macau Bridge. Flights from China have been greatly reduced, and cross-border rail connections as well as cross-border ferries have also been suspended.

Impact on Operations of the Hong Kong Immigration Department

The Hong Kong Immigration Department (HKID) is now reopened for all services after a period when all government employees were advised not to go to the office but to work from home, except for staff of departments providing emergency services and essential public services such as urgent extension of visa applications and passport applications and renewals. All other services were suspended, including new applications for employment visas, change of sponsor, non-urgent applications for extension of stay, Hong Kong Identification Card appointments, and collection of approved visas.

While the HKID has reopened, new employment visa applications and applications for change of employment sponsor and non-urgent applications for extension of stay will be delayed because of a backlog of existing applications and a large number of new applications. Employers therefore should be prepared for a delay in their employees’ start of employment.

Certificate of No Criminal Conviction Office

The Hong Kong Police Force’s Certificate of No Criminal Office has implemented the following measures to reduce the number of people gathering at the office.

• Applicants are encouraged to make an appointment through the Online Booking System or through the auto-telephone answering system at 2396-5351.
• In addition, there will be 60 places for applicants without appointment by the distribution of discs, which are distributed at 8:45 a.m. each day. Those allocated a disc should return to the office for processing of their application at the designated time slot on the same day stated on the disc.
• Applicants are advised to wear masks, and their body temperature will be checked before entering the office. Those who have fever or respiratory symptoms will be told to leave.
• As a result of reduced personnel during the government policy of not requiring non-essential employees to go to the office, the processing of Hong Kong Police Certificates for those seeking to immigrate will likely be delayed.

High Court Registry Services

Many Citizenship By Investment programs require documents such as birth certificates, marriage certificates, divorce certificates, and affidavits not only to be notarized but also legalized by the Hong Kong High Court Registry through an apostille stamp in accordance with the Hague Convention. These services had been curtailed completely for a period of time as the High Court Registry had temporarily closed for such services.

The High Court Registry Office has now reopened and legalizations of documents are being processed routinely.

U.S. Consulate Operations

As of March 19, 2020, the U.S. Consulate General in Hong Kong and Macau has suspended all routine immigrant and nonimmigrant visa services. The consulate said it will resume routine visa services as soon as possible but is unable to provide a specific date. There is no fee to change an appointment, and visa application fees are valid for one year.

To reschedule an immigrant visa appointment, use the Visa Inquiry Form at https://hk.usconsulate.gov/visas/visa-inquiry-form/

To request an emergency nonimmigrant visa appointment for immediate travel to the United States for medical reasons, funerals, urgent business travel, or urgent exchange visitor (J-1) or student (F-1) travel, use the Visa Inquiry Form at https://hk.usconsulate.gov/visas/visa-inquiry-form/

U.S. Citizen Services, such as applications for passports or registering for a consular report of birth of a U.S. citizen abroad, continue to be available by appointment.

Other Neighboring Regions

Macau

The Macau government has introduced temperature screening at all border checkpoints, including the airport, land crossings, and ferry terminals. All inbound travelers must complete a health declaration form upon arrival. Ferry services between Hong Kong and Macau are suspended.

On February 20, 2020, the Macau government began enforcing medical checks for tourists who have been to areas with a high incidence of the novel coronavirus within a 14-day period. The Macau government has also established processing centers at the Macau Federation of Trade Unions Workers Stadium and the Taipa Ferry Terminal to screen passengers for symptoms of COVID-19.

Tourists whose medical check results meet the requirements of the Health Bureau will be allowed to continue their trip. Those who do not meet the Health Bureau requirements may be subject to compulsory quarantine in addition to criminal prosecution in accordance with local law. Individuals who have been to South Korea are subject to a 14-day observation in quarantine at a designated venue in Macau. The costs of quarantine in designated hotels will be borne by the individuals themselves.

Philippines

On February 2, 2020, President Rodrigo Duterte issued a temporary travel ban on visitors from China, Hong Kong, and Macau to curb the spread of the coronavirus.

Taiwan

Taiwan restricts Hong Kong and Macau travelers from entry until a 14-day home or hotel quarantine passes upon landing in Taiwan.

In addition to an earlier decision to ban Mainland Chinese nationals from entering Taiwan, Taiwan has also imposed restrictions on Hong Kong and Macau citizens traveling to Taiwan and has raised a travel alert for both cities to Level 2, according to the island’s Center for Disease Control (CDC). Foreigners who have been in mainland China over the past 14 days are also banned from entering Taiwan.

Foreign nationals seeking to enter Taiwan for special reasons can apply for an entry visa as long as they have not visited or stayed in mainland areas severely affected by the coronavirus outbreak, including Hubei, Guangdong, and Zhejiang provinces, according to the Foreign Ministry.

These persons must provide documents of their travel history in the past 14 days, a health certificate, and various other paperwork.

Taiwan has also suspended the issuance of entry permits on arrival and online processing of entry permits for Hong Kong and Macau residents.

Italy

Following the recent outbreak of coronavirus cases in the North of Italy, parts of the country have limited access in and out of some areas, as well as particular restrictions on work and public activities. Extraordinary health measures have been implemented in Italy and across Europe.

The validity of all permits, authorizations, certificates, clearances with an expiration date between January 31, 2020, and April 15, 2020, has been extended until June 15, 2020. As a consequence, residence permits (permessi di soggiorno) with an expiration date between January 31, 2020, and April 15, 2020, will be valid until June 15, 2020. Applications for renewal can therefore be applied for until after 60 days from June 15, 2020.

The validity of Italian identification documents (e.g., identity cards, passports) expiring March 17 or later is extended until August 31, 2020.

In addition, all applications pending as of February 23, 2020, or filed after that date are suspended in the period between February 23, 2020, and April 15, 2020. This means that any applications that have been filed during this period will not be processed between February 23, 2020, and April 15, 2020.

Travel To and Within EU Countries

As noted above, EU Member States have implemented various measures and travel restrictions. See the links at the top of this feature article for more information.

30-Day Suspension Permit of Stay Procedures (permesso di soggiorno)

On March 2, 2020, the Italian government published a Law Decree, effective immediately, containing measures to support families, workers, and companies with respect to the COVID-19 outbreak (Law Decree 2 March 2020, n. 9). In the effort to employ as much public staff as possible to control the current health situation, the Italian government suspended the issuance of permits of stay for 30 days (starting March 2) but has also temporarily suspended the terms to file permit applications for a period of 30 days (initial permits must be filed within 8 days from entry; extensions at least 60 days before expiration).

Obligations to file applications within the deadline above are lifted due to the 30-day suspension, and non-EU nationals who may not be able to meet the deadlines due to public offices’ unavailability will not incur any consequences. Strong delays in issuance of permits, and in general in all immigration-related procedures, are expected.

See https://www.mazzeschi.it/news/italy-30-day-suspension-permit-of-stay-procedures-permesso-di-soggiorno/

National Travel Restrictions

Emergency Measures Extended Nationwide

On March 9, 2020, the Italian government published a decree extending restrictive measures to the entire country in an effort to contain the spread of COVID-19 across Italy. New measures implemented in the “Red Zones” (areas most affected) only a day ago are now applied nationwide. Italy is now on lockdown, with the new “I stay at home” Decree, limiting all social activities, with all public events and indoor activities (e.g., concerts, fitness centers, theaters) suspended/closed. Schools and universities will remain closed until April 3. Restaurants and bars can only be open until 6 p.m. and must follow strict health guidelines (e.g., maintaining a safe distance between people) or will be fined.

Individuals who are quarantined or test positive for the virus are forbidden to leave their homes and to travel. Travel is allowed only for documented work, health, or other serious reasons. Those traveling outside their region or city can do so only out of serious necessity. It is mandatory to provide a signed self-certification on the reason for travel. The required self-certification can also be signed before a police officer, who can provide the required form. At the airport, travelers must show not only the travel document but also the signed self-certification. Individuals landing in Italy must declare the reason for travel upon entry.

The government has published some guidelines and FAQS. An English translation is at https://www.mazzeschi.it/2020/03/11/faq-on-the-iorestoacasa-decree-of-9-march/. See also https://www.mazzeschi.it/news/italy-new-decree-introduces-covid-19-related-measure/

Travelers Leaving Italy

For Italian citizens or individuals traveling from Italy, many countries are enforcing a travel ban, and mandatory or voluntary quarantine. The restrictions change day by day. Before traveling, check with the country of destination and the airline about what measures are being enforced.

Travelers Arriving in Italy

As of late March, there was no travel ban or mandatory quarantine on incoming travelers, but:

• All incoming travelers (even for internal flights) are subject to temperature checks.
• Travelers must submit a declaration confirming the purpose of their visit and the countries they have visited.
• On discretion of the authorities, they may be asked to do a 2-week quarantine at their domicile.

Flight Cancellations

Most airlines have suspended or canceled flights to and from Italy for the entire month of March and beginning of April. Those restrictions change day by day; it is advisable to check with the country of destination and the airline regarding what measures are being enforced.

Health Measures

The government has closed down schools and most businesses, including a number of administrative and governmental offices such as local police offices or post offices. Some governmental offices have adopted limited access and working hours to avoid risks and contamination. All schools and universities are closed until April 3 and closure can be extended. All sports events and public gatherings have been banned. Restaurants and bars must stay closed, as well as all businesses and retail stores, with the exception of grocery stores, pharmacies, tobacco shops, and newsstands (keeping the appropriate safe distances)

People can travel between cities only for emergency reasons and can face fines and up to 3 months in jail for breaking quarantine rules. Those who have to leave their region or their city out of serious necessity can do so only if they have self-certification stating that they must cross the borders for compelling business or health reasons, or because they have to return home.

What happens if non-EU nationals overstay their visa, or—for non-visa nationals (like USCs), their 90-day allowances?

There have been reports from non-EU nationals who, due to flight cancellations or the risk of being quarantined upon arrival, cannot return to their countries and will be overstaying their visas or 90-day allowances (for non-visa nationals). Both the Schengen Visa Code, which applies in all Schengen countries (e.g., Germany, France, Spain, Netherlands, Poland), and Italian immigration law have provisions that allow individuals to extend their stay if they cannot leave the country for reasons of force majeure.

With respect to the Schengen Visa Code, according to the Schengen rules, a short-term visa can be issued for a stay of a maximum 90 days in 180 days, allowing the holder to be in the Schengen countries for the period indicated in the visa. Normally the holder must leave the Schengen area when the visa expires, but in some circumstances it is possible to request an extension of an issued visa.

Article 33 of the Schengen Visa Code provides that if someone is unable to leave before his or her visa expires for reasons of force majeure, humanitarian reasons, or serious personal reasons, he or she can request an extension of the Schengen visa.

The request for an extension of the visa is to be addressed, before the visa expires, to the authorities of the Schengen State where the holder is, even if the visa was not issued by that state consulate. In Italy, the request must be addressed to the local police office (Questura). In this case the extension must be mandatorily granted (while if the extension is requested for business reasons, the authority to which it is submitted has discretion).

See https://www.mazzeschi.it/2018/08/09/grounds-for-extension-of-short-term-schengen-visas/

With respect to Italian immigration law, normally it is not possible to convert a short-term stay (for tourism/business) into a permit directly in Italy (an exception being family reasons). However, when the foreigner cannot or does not want to return to the country of provenance for reasons related to an exceptional unsafe situation (for instance, Chinese nationals who did not or could not return to China because of the COVID-19 outbreak), he or she should consider applying for a temporary residence permit for “calamity” reasons (Article 20-bis of Italian immigration law). Such a permit can be issued when the country to which the foreigner should return has a situation of contingent and exceptional calamity that does not allow a safe return and stay. The permit is valid for 6 months, can be renewed for an additional 6 months, and allows the foreigner to work. However, it cannot be converted into a permit for work allowing a longer stay.

See https://www.mazzeschi.it/news/emergency-grounds-for-extending-your-stay-in-italy/

Useful Links:

• http://www.viaggiaresicuri.it/home
• “Viaggiare Sicuri” is part of the Italian Ministry of Foreign Affairs (also called Farnesina), and functions as its crisis unit, leading operations and communications among all government institutions in Italy and all over the world. It operates in times of emergency to keep Italian citizens informed and protected: http://www.viaggiaresicuri.it/home
• http://www.protezionecivile.gov.it/home
• Department of Civil Protection, Presidency of the Council of Ministers. In charge of coordinating policies and dealing with safety and protection strategies in case of emergency: http://www.protezionecivile.gov.it/home
• Department of the Italian government in charge of public order, safety, and defense. Contains updates on Italian policies regarding coronavirus: https://www.interno.gov.it/it
• Italian Department of Health – in charge of national policies and institutions dealing with health. Contains helpful information on COVID-19 and health measures to fight the infection: http://www.salute.gov.it/portale/home.html
• World Health Organization (WHO) – useful tips and recommendations for international traffic: https://www.who.int/ith/2019-nCoV_advice_for_international_traffic-rev/en/
• WHO – Coronavirus Highlights: https://www.who.int/docs/default-source/coronaviruse/situation-reports/20200301-sitrep-41-covid-19.pdf?sfvrsn=6768306d_2
• See also https://www.mazzeschi.it/2020/03/11/faq-on-the-iorestoacasa-decree-of-9-march/; https://www.mazzeschi.it/2020/03/04/covid-19-summary-for-foreigners-and-travelers-in-italy/; https://www.mazzeschi.it/news/italy-new-decree-introduces-covid-19-related-measure/

Peru

Recently, the Supreme Government Administration of Peru enacted some provisions to prevent and control coronavirus spread in the country. A summary of selected highlights is below.

1. By Ministerial Resolution N° 055-2020-TR, signed by the Minister of Labor, the “Guide for the Prevention of Coronavirus (COVID-19) in the Labor Area” has been approved, with which specific guidelines are provided to employers, so that within the framework of their responsibilities, they comply with the proper containment and care of cases of diagnosed or suspected coronavirus in the workplace.

Related links:

https://www.gob.pe/institucion/minsa/campañas/699-conoce-que-es-el-coronavirus

https://www.gob.pe/8371-ministerio-de-salud-que-son-los-coronavirus.y-como-protegerte

https://www.gob.pe/8663-ministerio-de-salud-como-prevenir-el-coronavirus

https://www.gob.pe/8662-ministerio-de-saliud-coronavirus-en-el-peru

Communication and Information Measures: The HR offices, with the Committees or Supervisors of Occupational Safety and Health, must prepare a Communication Plan referring to the measures to be adopted by the company; prepare and disseminate messages based on official MINSA information and informative talks; and enable information points, among others.

Control Measures: Workers who have cold symptoms and report that they have been in contact with people who were diagnosed as having suspected, probable, or confirmed cases of coronavirus or who, 14 or fewer days before, visited areas at risk of transmission of this virus, according to the official list of countries with reported cases of COVID-19 on the MINSA website, are instructed to go to the nearest public or private medical center to have a medical evaluation or call the MINSA toll-free line, 113.

Likewise, workers should comply with the preventive measures adopted by the employer, attend corresponding training, use personal protection elements, and proceed responsibly to implement prevention and control measures.

Measures for organizing work activities are determined as well, among them telework (teletrabajo), using information technologies and telecommunications, and taking into account the nature of the activity or function performed by the worker under the Telework Law and Its Regulations, in case it could be applicable.

2. By Supreme Decree N° 008-2020-SA, a Declaration of Sanitary Emergency has been established nationwide for 90 calendar days and dictates prevention and control measures for COVID-19.

Within a period not exceeding 72 hours, by means of a Supreme Decree, the MINSA must approve the Action Plan and the list of goods and services required to be contracted to face the health emergency.

Various prevention and control measures to prevent the spread of COVID-19 have been established, including sanitation and migration controls, quarantines, restrictions on activities or events that involve the concentration of people in ways that increase the risk of transmission, and preventive health measures.

3. By Urgency Decree N ° 025-2020, urgent and exceptional measures have been enacted to strengthen the System of Surveillance and Sanitary Response with respect to coronavirus in the Peruvian territory.

With regard to “Teletrabajo,” special rules and norms will be established in the public and private sectors.

These legal norms will be in force until December 31, 2020.

4. By Supreme Decree No. 008-2020-MTC, flights coming from Europe and Asia, and from the Peruvian territory to such destinations, are suspended for a period of 30 calendar days from March 16, 2020. This term may be extended by Ministerial Resolution issued by the Peruvian Ministry of Transport and Communications, based on information from the health authority and taking into account the evolution of the pandemic.
5. By Supreme Decree No. 044-2020-PCM, on March 15, 2020, a State of National Emergency was declared in Peru due to the serious circumstances affecting the nation’s citizens’ lives as a result of the pandemic. The State of Emergency was decreed for 15 calendar days, until March 30, 2020.

The National State of Emergency established a compulsory social isolation quarantine.

The temporary and total closure of the borders was decreed as well, suspending the international transport of passengers by land, air, sea, and river, among other regulations.

Before that occurred, passengers entering Peruvian territory had to comply with a compulsory social isolation (quarantine) of 15 calendar days.

6. By Urgency Decree N° 026-2020, on March 15, 2020, several temporary and exceptional measures were established to prevent the spread of the virus in the Peruvian territory, including the ability granted to employers in the public and private sectors to modify the worksites of their staff to implement remote work (e.g., a home office) and its particular characteristics.
7. On March 16, 2020, an Official Communication was issued by the Peruvian Immigration Authority (MIGRACIONES) with which the public was informed about the suspension of operations for a period of 15 calendar days due to the National State of Emergency in the country.

As of late March, MIGRACIONES’ offices are closed during the emergency period and no services are available to the public.

8. By Supreme Decree No. 046-2020-PCM, on March 18, 2020, clarifications were made regarding the legal dispositions indicated in item #5 above, specifically regarding the “limitation to the exercise of the right to freedom of movement of persons,” initially decreed, in the sense of intensifying these measures to control the expansion of the coronavirus. In short, a “curfew” (compulsory social immobilization) was imposed in the country from 8 p.m. until 5 a.m. every day during this emergency period.

Private vehicles are no longer allowed to be driven on public roads, except for authorized people who provide essential services and goods (as established by law).

9. On March 21, 2020, MIGRACIONES has authorized the rescheduling of appointments related to administrative procedures and services once the State of Emergency has ended, as well as the suspending of administrative deadlines and fines with regard to migratory regularization, among other provisions established by the Superintendence Resolution No. 000104-MIGRACIONES, issued in the official gazette, “El Peruano.”

Russia

Visas and work permits for foreigners staying in Russia will be extended. A related official letter from the Internal Affairs Ministry has been released. All air travel has been suspended between Russia and foreign countries, except for evacuation of Russian citizens from abroad. All public events are banned until April 10, 2020. Schools, universities, and other educational institutions’ work is suspended until April 12, 2020.

Starting March 25, 2020, the following categories of foreign citizens and stateless persons can cross the Russian border despite the border block:

• Diplomats and consular workers, other officials;
• Persons with ordinary private visas, issued in connection with the death of their close relative. A death certificate will be required as well as a document confirming the family connection;
• Family members (spouses, parents, children, adoptive parents, adopted children), other caretakers of Russian citizens, entering the Russian Federation, provided they present an ID document, visa, or enter in visa-free mode, plus a document confirming the family connection; that is, foreign citizens will be able to cross the Russian border if they are traveling with their family members who are Russian citizens;
• Foreign citizens who have permanent residence permits in Russia; and
• Persons transit-traveling through air border checkpoints in Russia without crossing the Russian border.

The official letter, № 1/2964, “On additional measures for prevention of coronavirus infection (2019-nCoV),” was sent to the field on March 19, 2020. According to the letter, territorial divisions of the Internal Affairs Ministry are ordered to:

• On the application of foreign nationals who entered Russia based on visas, extend their existing visas for up to 90 days regardless of the purpose of visit and visa type. In cases where the visa has expired, the foreigner’s stay will be extended for up to 90 days based on the person’s written application. Subsequently, they will be issued transit visas to exit the country;
• On the application of foreign citizens who entered Russia without visas or based on international agreements on short-term visa-free travel, as well as in cases where the allowed period of stay has expired, extend the foreigner’s period of temporary stay in Russia for up to 90 days based on the person’s written application. Subsequently, they will be issued transit visas to exit the country;
• In cases where visa or non-visa foreigners lack migration cards, process duplicates along with their address registration applications (without an extended or even a valid visa);
• Allow those who wish to exit Russia to receive an exit visa;
• Not apply administrative punishments to these people related to deportation, administrative removal, or readmission for migration law violations.

Foreign citizens whose stay in Russia will be extended will be photographed and fingerprinted.

If Internal Affairs Ministry officials identify foreigners who are in Russia illegally, they will be told that they must legalize their status and will be given appropriate information on how to do it. Administrative sanctions will not be applied.

The official letter also orders territorial divisions of the Internal Affairs Ministry to:

• Continue accepting, processing, and issuing the following types of migration documents for foreigners who are staying in Russia at the moment:

1. Corporate Work Permits;
2. Work Permits;
3. Patents (without the need to cross the Russian border in case a 2-year stay period is over, without any administrative sanctions);

• Temporary Residence Permit (TRP) and Permanent Residence Permit (PRP):

If these documents expire or are close to expiration, extend the applicant’s stay in Russia for up to 90 days based on the foreigner’s application. Issuance of PRPs (extended) will be done irrespective of the existing PRP expiration date as well as in cases where the PRP has already expired;

• Annulments:

Work permits, TRP, PRP, and certificates of participants in state programs for the return of compatriots to Russia, will not be annulled even after the expiration of the 6-month term of a person’s stay abroad if the document holder cannot enter Russia.

Details of procedures described above, processing times, and lists of the required documents will be soon confirmed with the Internal Affairs Ministry Migration Department.

Turkey

The Interior Ministry issued a press release with the following information.

Germany, Spain, France, Austria, Norway, Denmark, Sweden, Belgium, Holland—For these countries, in which the coronavirus is spreading, the Interior Ministry shared a Circular with various authorities indicating that:

1. Passenger entries from these countries to Turkey are being stopped through all border gates (Tüm hudut kapıları – see below).
2. Citizens of these countries, and of third countries who have been in these countries within the last 14 days, will not be permitted to enter Turkey.
3. There will not be any restrictions on exiting Turkey for the nationals of these countries.
4. Turkish nationals’ travel to these countries has been temporarily suspended.
5. Regarding the countries that were “taken” (very unclear meaning) according to the procedures and principles determined by the Ministry of Health outlined for China, Iran, Iraq, South Korea, and Italy, inspection, control, and 14-day surveillance and quarantine operations will be followed when necessary.

Reference: https://www.icisleri.gov.tr/81-il-valiligi-ve-hudut-idare-mulki-amirliklerine-genelge

Note: The phrase Tüm hudut kapıları means all entry points via land, air, railway, and sea, according to the Ministry of Commerce website: https://www.ticaret.gov.tr/gumruk-islemleri/gumruk-idareleri/hudut-kapilari/hudut-kapilari-genel-bilgiler

As of March 17, 2020, the following countries’ flights to Turkey are also now banned: England, Switzerland, Saudi Arabia, Egypt, Ireland, and the United Arab Emirates. The number of countries for which Turkey bans flights has increased to 20.

See https://www.sozcu.com.tr/2020/gundem/son-dakika-saglik-bakani-kocadan-yeni-corona-aciklamasi-5682606/

Migration Directorate restrictions: The Migration Directorate, which oversees residence permit adjudication, Temporary Protection Status, and other immigration applications, has begun to limit applications. Unfortunately, the specifics are not yet clear. It appears that appointments in Istanbul may now be canceled without notice.

Ministry of Foreign Affairs restrictions: Turkish consular posts around the world are so far responding in various ways to the virus. Checking for the most up-to-date status for posts is imperative. In general, posts are either:

1. In full operation;
2. Only allowing visa filings by post or bonded courier (i.e., no in-person applications); or
3. Restricted to limited appointments or fully closed to visa services.

Ministry of Labor restrictions: A posted notice at the main gate of the MOL states that the Public Relationships Department was closed until further notice. This means that attorneys will not be able to enter the MOL building to make queries in person on work permit cases. All queries will need to be by phone, which is not particularly effective, according to reports.

There also appears to be a slowdown on the progress of adjudications, as seen via the online system. Cases appear to be taking longer to move through the steps of processing, from upload to officer review to adjudication. Anticipate longer timelines.

Useful links for travel to Turkey amid the pandemic period:

• See International Airport Transport Association-IATA country-by-country English language alerts. Countries can be easily added to this list, so check for updates. https://www.iata.org/en/programs/safety/health/diseases/government-measures-related-to-coronavirus/
• Turkish Airlines air travel restrictions on boarding and reservation changes (check for updates): https://www.turkishairlines.com/en-int/announcements/coronavirus-outbreak/index.html

United Kingdom

There is still a lack of clarity in terms of visa applications being submitted around the world and in the United Kingdom (UK).

Attorneys are urging UKVI and the Home Office to update its guidance of February 27, 2020, to provide greater clarity. In the meantime, below are updates.

Visa Application Centers Around the World

Many application centers are still open for those individuals who wish to submit visa applications. As expected, however, there are a number of closures and interruptions to the usual service standards. These include:

• Asia Pacific: Due to closure of the Manila regional visa hub, there are currently no priority services for applicants applying in, for example, Australia, New Zealand, South Korea, Singapore, and Hong Kong.
• USA: All non-premium biometric application service centers ASCs operated by USCIS in the United States are closed. The Premium Application Centers (PACs) all remain open for the time being, except for the PACs in Seattle and San Francisco, which are currently closed.
• Europe: All TLS contact centers are closed for UK visa applicants.
• UK: Sopra Steria application centers in the UK remain open for the time being. There have been reports of closures at some locations for certain application types (e.g., local libraries and councils).

Sponsored Workers

• Tier 2 workers with 30-day entry visas who are unable to travel: Where the visa holder cannot travel within the 30-day entry visa period, they must normally obtain a fresh visa and attend a biometric appointment abroad. Attorneys have asked for this to be waived and for those whose BRPs have been issued to be able to travel to the UK when they are able to do so without the need for a new visa.
• Tier 2 visa holders: remote working and reporting: The Home Office confirmed that where a sponsored worker is required to work from home as a result of coronavirus, the sponsor is not required to report a change of work location.
• Ending the employment of sponsored workers: Where sponsors are considering ending sponsored workers’ employment, contact your Alliance of Business Immigration Lawyers attorney for advice. A report would need to be made to the Home Office and the individual would then have a period of curtailed leave in order to try to regularize their UK immigration status.
• Absences and Indefinite Leave to Remain (ILR): There have been queries about the effect of absences on ILR, particularly from staff stuck outside the UK. At present, guidance for absences over the 180 days permitted under Tier 2 allows excess absences resulting from natural disaster and for those involved in humanitarian rescue operations overseas. This guidance is expected to be updated to include coronavirus-related issues with traveling and returning to the UK. The best advice at present is to ensure that Tier 2 holders keep clear evidence of why they were unable to return, such as the lack of flights, national government edicts preventing local and international travel, or medical advice against travel.

Other Issues

• Those with visas expiring in the UK: Chinese nationals and those normally resident in China have in some circumstances had their visas automatically extended to March 31, 2020. Extensions may well be required for others who have imminently expiring visas.
• Right-to-work (RTW) checks: For new starters who have just arrived in the UK where the office is closed, remote working is in place or, where the person is having to self-isolate, there may be issues with completing RTW checks. Alternatives are available:

Details and more information: https://www.kingsleynapley.co.uk/insights/news/immigration-update-coronavirus

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2. CANADA

The Québec immigration department is closing a month-long consultation period with stakeholders on four questions intended to revamp a fast-track immigration stream leading to permanent residence in Canada for francophone foreigners living in Québec.

The topics the Québec government is consulting on are:

1. Which eligibility criteria should the immigration department apply in their selection of workers and students intending to fast-track their permanent residence?
2. How can immigrants be encouraged to settle outside the urban centers?
3. Should the selection criteria prioritize experience gained in Québec, or immigrants whose profile match the labor market needs, or both?
4. How can “overqualification” be avoided? Should graduates become eligible for fast-track permanent immigration only after 1 year of work experience, and should the work experience have been obtained in their field of study, or at a level that matches their qualification?

The Québec immigration department had been heavily criticized for having attempted to overhaul the fast-track immigration process without public consultations in the fall of 2019, and had been forced to withdraw their bill.

Details:

• Consultation sur le Programme de l’expérience québécoise (PEQ), http://www.mifi.gouv.qc.ca/fr/dossiers/consultation-peq.html
• Québec government’s Consultation Guide, http://www.mifi.gouv.qc.ca/publications/fr/dossiers/DOC_consultation.pdf

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3. COLOMBIA

Several updates have been announced with respect to reform of entry permits, investing in Colombia, and a new special permit for Venezuelans.

Reform of Entry Permits

As of December 1, 2019, Resolution 3167 of 2019 issued by Migración Colombia is effective. This resolution establishes new guidelines for the entry, stay, and departure from the national territory of nationals and foreigners. The new resolution reorganizes the entry and stay permits (PIP) in three categories, which will allow foreigners of unrestricted nationalities to enter the country not intending to establish a domicile or profit, for short periods. The length of stay of PIPs will vary according to each category.

See http://www.tannus.co/en/reform-of-entry-and-residence-permits/

Investing in Colombia

The Colombian government decided to increase the legal monthly minimum wage (SMMLV) by 6% in 2020, which means that it is equivalent to $877,803 Colombian pesos (about $260 USD) per month. Those companies that wish to obtain visas for foreign personnel that require proof of solvency must take into account that the amounts contemplated in the immigration regulations and requested by the authorities are calculated in minimum wages. This is why, in cases where bank statements, certificates of incorporation and representation, among others, must be presented, such documents are expected to reflect the values requested, taking into consideration the corresponding adjustment for 2020, under penalty of receiving requirements or inadmissibility of the visa applications submitted.

See http://www.tannus.co/en/keep-in-mind-when-investing-in-colombia/

New Special Permit for Venezuelans
The Colombian government has continued simplifying the immigration regulations for Venezuelan nationals so they can continue to enter and regularize their immigration status in the country. Among the measures established by the Ministry of Foreign Affairs is the possibility of their entering, transiting, and leaving the national territory, even if the Venezuelan passport has expired.

See http://www.tannus.co/en/new-special-permit-for-venezuelans/

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4. SCHENGEN AREA

A new Schengen code regulation (Regulation (EU) 2019/1155 of the European Parliament and of the Council of 20 June 2019 amending Regulation (EC) No 810/2009 establishing a Community Code on Visas) came into force February 2, 2020.

This reviewed regulation applies to all third-country nationals who need a visa for intended stays in the territory of the European Union (EU) Member States not exceeding 90 days in any 180-day period.

The regulation sets forth the procedures and conditions for issuing Schengen visas. The following general principles apply:

• The Member States must act in full compliance with EU law and according to its general principles and decisions when applying this regulation.
• The Member States must take the decisions under this regulation on an individual basis.
• The application procedure should be as easy as possible for applicants.
• The relevant Member State to resolve an application must be clearly identifiable.
• The Member States must promote electronic processes, including electronic submission, interviews, and signatures when available.
• Deadlines should be established for each step of the process to allow applicants to plan ahead.
• Frequent or regular travelers (among other categories, business people, artists, and athletes) complying with the regulation might benefit from multiple-entry visas with longer periods of validity.

Benefits

As a result of the new regulation, the Schengen visa application process is expected to be much more flexible, allowing electronic procedures when possible, allowing submission of applications within the 6 months before the visit (instead of within 3 months as established before), and permitting the resolution of the application as a matter of urgency in justified cases, even if it was not submitted at least 15 days before the trip.

Another benefit of the regulation, together with flexibility, is the clarity about authorities in charge of the application (when different countries will be visited) and about processing times.

Finally, certain categories of visitors who need to travel regularly to the Member States can now obtain visas with longer duration, provided they have complied with the applicable regulation.

The increase in the processing fee (up to 80 euros) may be reasonable if the process becomes as flexible and efficient as expected by this modification.

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5. UNITED KINGDOM

There have been changes in the Immigration Health Surcharge fee and in the minimum Tier 2 salary for Indefinite Leave to Remain applications.

Immigration Health Surcharge fee increase: The latest budget includes an increase in the Immigration Health Surcharge (IHS) for overseas nationals to use the National Health Service. It was only 2 years ago that the IHS fee doubled to £400 per year of the visa, and now it is set to increase to £624 per year of the visa. The government had announced its intention to increase the IHS fee in November last year. The new fees will apply to non-European Union (EU) citizens starting in October 2020 and to EU citizens starting in January 2021.

As has previously been the case, those with student or Tier 5 (Youth Mobility Scheme) visas will pay a lower charge of £470 per year of the visa. There is a small concession under the new IHS fee arrangements in a lower charge for children under 18 of £470.

Minimum Tier 2 salary for ILR applications: In a number of rule changes announced recently, the Home Office has confirmed a freeze on the increase in minimum salary requirements where sponsored Tier 2 (General) workers are applying for Indefinite Leave to Remain (ILR). The current minimum is either £35,800 or the minimum expected amount for the type of job, whichever is higher. That amount was due to increase to £36,200 on April 6, 2020, but the new announcement confirms the government will be following the advice of the Migration Advisory Committee which, in its report of January 28, 2020, recommended a freeze on this threshold while the policy for ILR applications is considered.

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6. New Publications and Items of Interest

Alliance of Business Immigration Lawyers: ·

The latest immigration news is at https://www.abil.com/news.cfm. ·

The latest published media releases include:

• ABIL Says Proposed Change to Public Charge Rule Would Exclude Immigrants from Government Programs: https://www.prweb.com/releases/abil_says_proposed_change_to_public_charge_rule_would_exclude_immigrants_from_government_programs/prweb15737932.htm
• New Data Show Increase in H-1B Denials and RFEs: https://www.prweb.com/releases/new_data_show_increase_in_h_1b_denials_and_rfes/prweb15673632.htm
• ABIL Urges Administration to Change “Buy American and Hire American” Executive Order: http://www.prweb.com/releases/2018/05/prweb15485457.htm
• ABIL Member Kuck Baxter Immigration Commercial Nominated for an Emmy: http://www.prweb.com/releases/2018/05/prweb15485460.htm

–   ABIL Members Note Immigration Threats for Employers in 2018: http://www.prweb.com/releases/2018/03/prweb15261255.htm

• ABIL is available on Twitter: @ABILImmigration.
• Recent ABIL member blogs are at http://www.abilblog.com/.

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7. ABIL Member / Firm News

Dagmar Butte (bio: https://www.abil.com/lawyers/lawyers-butte.cfm?c=US) was quoted by Forbes in “Critics Charge Slow Immigration Processing Nets USCIS Billions in Fees.” Ms. Butte noted, “Particularly in change of employer cases or amendments due to a new work location, [premium processing is] a necessity. While under the law, the employee can, in theory, go to a new employer or location upon filing, the rising denial rates mean there is a great deal of risk to the employee if he or she moves prior to an approval.” The article is at .

Leslie Ditrani, of Chin & Curtis LLP, was quoted by Law360 in “Visa Issues Abound as Firms, Consulates Close for COVID-19.” Ms. Ditrani said an attorney at the firm had a client get a visa approved, but the consular office in London closed before they could get the necessary stamp. She said she would advise any client to follow the law and request a new labor condition application when required, such as if an H-1B specialty occupation worker has to move to a new location due to COVID-19 issues. But with the government requesting extra evidence for nearly half of H-1B petitions in the first quarter of fiscal year 2020, subjecting an immigration request to new scrutiny can carry its own risks, she noted. “Someone might be trying to do the right thing by posting because it’s more than 50 miles and then amending, and then find themselves with [a Request for Evidence] or even a denial,” she said. Disruptions in workplace functions could also make it difficult for employers and immigrants to meet filing deadlines and remember administrative requirements. “If someone is concerned about their health and being quarantined, it’s hard to wrap your head around the complex and nuanced rules regarding immigration status,” Ms. Ditrani noted. The article is at https://www.law360.com/articles/1253720/visa-issues-abound-as-firms-consulates-close-for-covid-19.

Klasko Immigration Law Partners, LLP, will host its 16^th annual spring seminar on Wednesday, April 22, 2020. All professionals in the field of employment-based immigration are invited to attend to learn the latest hot topics and trends in employment-based immigration from the industry-leading immigration lawyers at Klasko. For details or to register, see https://www.klaskolaw.com/event/klasko-2020-annual-spring-seminar/.

Klasko Immigration Law Partners, LLP, has published a blog posting, “Coronavirus Considerations for H and L Status Employees.” The coronavirus (COVID-19) has been dominating news stories across the globe. Many employers are making preparations or recommendations to staff members to work from home, particularly those returning from travel. How will these work-from-home directives affect H and L status employees who have specific worksite requirements? The blog is at .

Charles Kuck (bio: https://www.abil.com/lawyers/lawyers-kuck.cfm) was quoted by Law.com in “Lawyers Push for Change to Immigration Court Amid COVID-19 Concerns.” Mr. Kuck said that he is planning to wear protective gloves and wipe down his chair and table with sanitary wipes the next time he attends a hearing, but “[y]ou need bond hearings to continue.” He said he thinks the government should release to detained immigrants who are not a danger to the community. “You certainly want people to have an opportunity to have their day in court, without waiting the next three to six months for COVID-19 to pass.” The article is at https://www.law.com/texaslawyer/2020/03/18/lawyers-push-for-change-to-immigration-court-amid-covid-19-concerns/.

Mr. Kuck was interviewed by Global Atlanta in “Immigration Limbo: How Trump’s COVID-19 Bans and Border Measures Are Affecting Foreign Travelers, Workers.” The article is at https://www.globalatlanta.com/immigration-limbo-how-trumps-bans-and-border-restrictions-are-affecting-foreign-travelers-and-workers/.

Mr. Kuck has released a podcast in the #ImmigrationHour series. “The S. 386 Lee Betrayal” is at https://soundcloud.com/user-474250731/the-s386-lee-betrayal. Cyrus Mehta (bio: https://www.abil.com/lawyers/lawyers-mehta.cfm) was quoted by Forbes in “Trump Immigration Official Entered Illegally.” He identified four additional USCIS policy changes that can potentially be challenged in light of Judge Moss’s ruling: (1) changes in residence requirements for transmitting U.S. citizenship to children living overseas, especially children of U.S. government employees overseas; (2) removing means-tested criteria to the fee waiver grounds, especially as they relate to naturalization applicants; (3) closing USCIS international offices; and (4) filing I-407s for abandonment at a designated USCIS office in Vermont rather than at a U.S. consulate. Mr. Mehta said he believes there may be additional policies that can be challenged. The article is at https://www.forbes.com/sites/stuartanderson/2020/03/02/trump-immigration-official-entered-illegally/#c6669951287b. Mr. Mehta has authored several new blog postings. “Immigration Attorneys on the Frontlines in the COVID-19 Crisis” is at http://blog.cyrusmehta.com/2020/03/immigration-attorneys-on-the-frontlines-in-the-covid-19-crisis.html. “How USCIS Can Remain True to Its Mission by Exercising Compassion During the COVID-19 Period” is at http://blog.cyrusmehta.com/2020/03/how-uscis-can-remain-true-to-its-mission-by-exercising-compassion-during-the-covid-19-period.html. “How Interpol Red Notices Allow Abusive Foreign Governments to Manipulate and Undermine the Integrity of Immigration Proceedings in the United States” is at .

Angelo Paparelli (bio: https://www.abil.com/lawyers/lawyers-paparelli.cfm) provided responses in “Expert Q&A: COVID-19 and Immigration,” published by Thomson Reuters Practical Law. The Q&A is at https://content.next.westlaw.com/w-024-5004?isplcus=true&transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1.

Mr. Paparelli was quoted by Bloomberg Law’s Daily Labor Report in “Immigration Attorneys Ask Agencies for No-Contact Solutions.” He said, “Our outdated system of immigration law was already as complex as a Rube Goldberg contraption. This is a complete sea change of challenges.” The article is at https://news.bloomberglaw.com/daily-labor-report/immigration-attorneys-ask-agencies-for-no-contact-solutions.

Mr. Paparelli was quoted by Law360 in “Visa Issues Abound as Firms, Consulates Close for COVID-19.” Mr. Paparelli noted that he had a client who managed to pick up an approved visa the day before the local consular office closed. Mr. Paparelli called on the government to postpone deadlines to extend people’s visa status until the agency can process requests, as it did in the wake of September 11, 2001, when the government automatically extended the legal status of people on temporary visas if they were affected by the terrorist attacks. “Strict compliance endangers lives,” he said. The article is at https://www.law360.com/articles/1253720/visa-issues-abound-as-firms-consulates-close-for-covid-19.

Rodrigo Tannus (bio: https://www.abil.com/lawyers/lawyers-tannus.cfm?c=CO) was recognized by Best Lawyers in Colombia in Corporate Immigration Law.

Wolfsdorf Rosenthal LLC has published several new blog postings. “Key Takeaways from USCIS’ Public Engagement on EB-5 Inventory Management” is at https://wolfsdorf.com/blog/2020/03/13/key-takeaways-from-uscis-public-engagement-on-eb-5-inventory-management/. “European Travel Ban” is at https://wolfsdorf.com/blog/2020/03/12/european-travel-ban-client-alert/.

Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) was quoted by The Real Deal in “Could a Pandemic Bring EB-5 Back to Life?” Commenting on a proposal to scale up the EB-5 program as part of a stimulus package for the U.S. economy. “Desperate times call for innovative solutions. This could be one way to jumpstart the economy,” Mr. Yale-Loehr said. The article is at https://therealdeal.com/2020/03/24/could-a-pandemic-bring-eb-5-back-to-life/.

Mr. Yale-Loehr was quoted by the New York Times in “Appeals Court Allows ‘Remain in Mexico’ Policy to Continue Blocking Migrants at the Border.” He said, “It is very likely that the Supreme Court will grant the administration’s request to halt the Ninth Circuit’s original decision to suspend the policy.” The article is at https://www.nytimes.com/2020/03/04/us/migrants-border-remain-in-mexico-mpp-court.html. Mr. Yale-Loehr was quoted by CNN in “Supreme Court Rules Against an Undocumented Immigrant Fighting State Prosecution.” Mr. Yale-Loehr said, “”What’s sauce for the goose is sauce for the gander,” noted Stephen Yale-Loehr, an immigration professor at Cornell Law School. “If the Supreme Court rules that the federal government no longer has sole responsibility for regulating immigration, lower courts may uphold pro-immigrant or sanctuary or noncooperation policies enacted by states and localities.” The article is at https://www.cnn.com/2020/03/03/politics/supreme-court-immigration-garcia-kansas-decision/index.html. Mr. Yale-Loehr was quoted by CNN in “Supreme Court to Consider Rights of Some Asylum Seekers.” He said the case discussed in the article is important because it “squarely raises constitutional issues. Here the Court must decide whether newly arrived immigrants have the same right to challenge their detention in federal court as U.S. citizens. Mr. Yale-Loehr noted that nearly half of all removals from the United States occur through expedited removal. “If the Court holds that the Constitution applies to arriving immigrants, the number of such deportations will surely decrease,” he said. The article is at https://www.cnn.com/2020/03/02/politics/supreme-court-rights-of-asylum-seekers/index.html.
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